Austin

Landlord Entry & Privacy in Austin

Texas has no single statute on when a landlord may enter your home. Your lease and court decisions set the rules. Here is what they say and what to do when a landlord crosses the line.

Not legal advice. Every statement below links to its primary source. Read the source before relying on this information. If you need legal help, contact your local legal aid organization.
  1. Texas courts say a landlord may not come in unless you allow it or your lease lists specific reasons for entry. The common Texas Apartment Association also lists many entry reasons, like repairs, pest control, inspections, handling an emergency, or post an eviction notice.

  2. Advance notice is only required if your lease requires it. Emergencies are different. In an emergency, the landlord can enter with no advance notice to protect you and the property. Emergencies are different. In an emergency, the landlord can enter with no advance notice to protect you and the property.

  3. Every exterior door must have a keyless bolt you can lock from inside. This lets you stop unwanted entry while you are home. Your landlord cannot lock you out to punish or pressure you. The law only allows keeping you out through a court order, with narrow exceptions like real repairs or an emergency.

  4. Locked out illegally? Go to the justice court for your area and file a sworn complaint for reentry. The judge can issue a fast order, called a writ of reentry, that puts you back in your home.

  5. If the landlord breaks the entry or lockout rules, put your complaint in writing with a deadline to fix it. For an illegal lockout you can also collect 1 month's rent plus $1,000, plus your actual losses. For other serious privacy violations you can sue for damages or ask a court to end your lease. If you assert your privacy rights, the law blocks payback moves like eviction or rent hikes for 6 months.

  6. For free advice about an entry or privacy problem, call the Austin Tenants Council at 512-474-1961. Advocates can share sample demand letters and self-help forms.

  7. Texas RioGrande Legal Aid (TRLA) gives free legal help to low-income Austin renters in landlord disputes. Call 1-888-988-9996 if you need a lawyer for a lockout or privacy case.

  8. BASTA, an arm of TRLA helps Austin renters deal with problem landlords as a group. The organization gives strategic guidance and legal counsel and builds tenant associations and can be reached at 512.522.9984 or online to find out in-person workshops and meetings.