Texas · Landlord Entry

Landlord Entering Without Notice in Texas: What Are My Rights?

Texas has no state law that says when your landlord may enter your home or how much notice you get. Your lease sets the rules. This page explains what to check in your lease and what courts expect. It also covers your lock and rekey rights and what to do when a landlord keeps coming in.

When your landlord can come in

  1. No statewide law sets when your landlord may enter your home or how much notice they must give. Your lease decides both. Texas courts have held that a landlord may not enter unless you allow it or the lease gives a specific reason.

  2. Most Texas leases, including the common Texas Apartment Association form, list many reasons the landlord may enter, such as repairs, pest control, and inspections. If the lease says nothing about landlord entry, the landlord has no right to come in. The only times the landlord may enter are an emergency, such as a fire, a flood, or a gas leak, or repairs you asked for. A landlord who does not use a listed reason as an excuse is breaking the lease.

  3. Every Texas lease includes a covenant of quiet enjoyment (your right to possess the home in peace without the landlord disturbing you). No statute creates it. Courts read it into every lease. A landlord who enters more often than needed, at unreasonable times, or against the lease may be breaking it.

Your locks

  1. Texas Property Code § 92.153 requires locks on every rental home, paid for by the landlord. Each outside door needs a keyed deadbolt (a bolt lock you turn with a key) or a doorknob lock (built into the door handle). It also needs a keyless version of this bolt lock, one that turns only by hand, plus a door viewer. Windows need latches (small levers that lock the window shut). Sliding doors need pin locks. The keyless bolt lock can be turned only from inside, so no key opens it while you are home. You cannot give up these rights, even if the lease says so.

  2. If your landlord ignores a written request to install or rekey (put in a new lock cylinder) a required lock, you have 3 choices. You may fix the lock or put in a new one yourself, and subtract the cost from your next rent. You may end the lease. Or you may sue in justice court for your losses plus 1 month's rent plus $500, plus court costs and lawyer fees. With $1,200 rent, that is $1,700. You get this money only if you win your case and your landlord pays. Your rent must be paid up when you make the request.

  3. Your landlord may not remove doors, locks, or appliances, except for a real repair or replacement. Your landlord may not lock you out without a court order, unless it is for real repairs, construction, or an emergency. A lock change for late rent is allowed only if your lease allows it and you got advance written notice. You must get a new key, even if you do not pay.

  4. If you are locked out illegally, ask the justice court for a writ of re-entry (a court order which lets you back into your home). You can sue for 1 month's rent plus $1,000 plus your losses, minus any rent you owe. On $1,200 rent that is $2,200. You get this money only if you win your case and your landlord pays.

If your landlord comes in without notice

  1. If your landlord keeps entering for reasons not in the lease, or skips notice the lease requires, send a written demand. Name the lease term they broke and give a deadline to stop. You may also ask in writing that they enter only after 24 hours notice and only when you are home. Keep a copy, a log of every entry with dates and times, photos, and any notes the landlord left. You will need these if you go to court.

  2. If the demand does not work, you may sue in justice court (also called JP court) without a lawyer. You can ask for money for your losses or ask the judge to release you from the lease. Justice court hears claims up to $20,000. Filing costs about $100, and you can ask to file for free if you cannot pay. You get this money only if you win your case and your landlord pays.

  3. Texas Property Code § 92.331 protects you for 6 months. In that time your landlord may not end the lease, file an eviction, cut services, or raise rent because of your complaint. If they do, you can sue for 1 month's rent plus $500, your losses, moving costs, and lawyer fees. The landlord can still evict you for not paying rent or for breaking the lease. You get this money only if you win your case and your landlord pays.