Advice on Tenant/Landlord Laws in Texas

This may not be about the legal issues but it may help bring the problems to a peaceful conclusion.

Land lords do not like spending money unless there is a real problem. Have you asked to see what makes them think there is a leak? While you may not see signs of one, if there is a leak, the damage may be below your apartment which could cause someone to suspect the leak is in your unit. A good LL will want to protect his investment by keeping things in good condition and preventing problems from getting out of control.

While their communications skills may be lacking, is there any reason to suspect there is some other issue behind all this? Like trying to get you to break your lease so someone else can move in?

Thank you for the advice.

I did ask to see it the first time, they showed me the pipes that are directly under my place and I didn't see a thing. That, on top of the fact that there was no leaking in my actual apartment, is what made me start to feel suspicious.

I was trying to think what their angle might be, and after doing some reading on other people's issues, the only thing I can come up with, is what you said; what if they are trying to harass me so I will move out early? I don't know why they would want me to, I haven't caused any issues here and have been living here 8 1/2 months now, but that is all I could figure.

Who knows? The repairs are done now, so I am hoping this is the end of issues for the remainder of my lease.

I agreed with "ShysterJon"! You are intelligent poster here. As well as you seems to be doing your thorough researched in every corner of your dilemmas....
I understand your frustrations and all the confusing "Renters Law" agreement - (your rights about your privacy and such in your dwelling). All I can suggest, is for you to move away. Move out and find you a better place! These people seems to be in your ass already... watching you in every move. If you are using your place as your incall as well, it may get worst than this situation now. Its not worth the fight over the lease agreement or harassment that this husband had done.

Wished you the BEST! Hope things will work out with you and your LL soon.

I am in Florida and I have many homes that I rent out!
First - to do repairs in your apartment they must give you at least 24 hours notice and the work is required to be work on during normal business hours. Once they give you notice of work, they can enter to do work if your there or not!
The only time they can enter without notice is if you are not there and there is an bonafide emergency! They can not enter for mere inspection of the property, if they do it is not a landlord/tenant issue it turns into a criminal issue!
They would have to show probable cause to enter!! Or off to jail they go!
There a a list of charges they can face:
Breaking the peace
Invasion of privacy
Breaking and entering
The police would best be the ones to draw up charges!
If the demands of entry are repetitive and appear to be harassment by the responding officer he will determine the charges.
They will always refer you to Landlord/Tenant legal path! However! If they have broke the law they will be held accountable.
You can represent yourself in court by filing the proper forms. Usually each county court maintains websites with the forms and flowcharts to properly handle landlord/tenant issues. If you hire a lawyer and they are ruled against you can ask for damages equal to your expense, So save all costs!
You haven't stated how long you have lived at this location and what the duration of your lease is, I would advise you to seek residence elsewhere to coincide with your non lease renewal.

Pasco, thanks for the information, but you're referring to FLORIDA law. The OP lives in Houston, TEXAS. Laws regarding LL-T rights vary from state-to-state. I hope no one gets the impression that what you wrote about applies to the OP's situation, because it DOESN'T.

Unless it is addressed in a a lease to the contrary Texas Property Code Chapter 92 addresses Tenant's and Landlord's rights.

If the lease does not address when and how the Landlord may Enter it is going to be determined by a Judge at whatever point one party brings the other into court. It is in the best interests of Tenants and Landlords to use documents that address all these things.

I am not a Lawyer but I have been in court on many occasions and witnessed many cases where these matters come up.

I have never seen a judge rule against or tell the owner or landlord of a property they needed permission from a tenant in order to enter the property to conduct an inspection, make a repair or even to take your personal property into their possession if you are behind on the rent.

The single point of control a Tenant consistently has is a Privacy Lock that the Landlord HAS to install. If you are in the property and have that locked he cannot enter obviously. Standard TAA and TAR forms used for the vast majority of leases do state that a tenant must provide access as well as a fee that an owner/landlord can charge you if you deny access.

For example. I might exercise my right to drop by a property and conduct an inspection to see what kind of work I might need to do in preparation to selling the property or re letting it again when a lease was up. If the Tenant was home and refused entry the lease I use allows the assessment of a $150 Trip Charge. It also become grounds for a Termination.

Nothing you have written here seems to indicate any nefarious reason and other than someone losing their cool when told NO it hardly sounds like harassment. In the absence of terminology in your lease that says otherwise, whatever chance you have at raising an issue probably evaporates if he enters when you are not home. I can't imagine a judge taking issue with an owner entering a property he owns to make a repair while someone is not home.

It's a lot of money on both sides of the fence to need to go to court to resolve these kinds of matters. That is why a well prepared lease clearly addresses most possibilities... for both sides of the lease.

The TAR lease was drawn up and approved by attorneys that regularly dealt with both landlord and tenant's rights... It is 16 pages long!

In court cases where either of these standard leases are not used, where there exists no specific terminology to address something I have seen judges consistently go with the "norm" and rule based on what "most people find acceptable".

These always start in small claims justice of the peace style courts.... Unless you have a lease that states anything to the contrary I think you would waste a considerable amount of time and money trying to convince a court that the owner of a property did not have the right to effect repairs. Especially as serious as a water leak which can greatly damage the property. Jusges in these courts walk to the beat of a different drummer than when you get into district court which is where the appeal lands you.

I think you probably have a language barrier confusing the issue and you might want to have a friend that speaks the language go with you to sit down with and discuss what is going on.

It is not very difficult for the Owner to serve you a Notice of Termination and press the issue into court and if successful, a judgement against you for a termination ends up on your record making future rentals extremely difficult, almost impossible in some markets.

Believe it or not, most TAR leases and TAA leases do actually give them the rights to enter and notice, although mentioned and suggested is not required.

Which is why that provision for a Privacy Lock exists.

It sounds like you are going to be in some grey areas and will need a lawyer to navigate it.... Is it worth the cost?

Visit with the people at http://www.houstontenants.org/ for specific advice on your problem.

I am in Florida and I have many homes that I rent out!
Florida Law is different than Texas Law and you are wrong on most of the points you make in regards to owning property here. Originally Posted by Pasco727

I would like to add that a very probably explanation for his suspicion that you have a leak as well as surprise that one was not found is that he has a much higher than normal water bill. In checking the primary residence he can find no explanation of it and he came to the conclusion that it must be a problem in the garage unit.

Not finding the problem there seemed to be a surprise to him right?

It is to a lot of people until they get someone experienced to looking for it and if he is chasing an explanation for a high water bill he could have a leak in the ground between the supply and the property or even in the slab caused by settling or shifting in the soil...... It's not the first thing people tend to think of.

I agree with everything Whispers wrote except that appeals from a justice court go to a county court, not a district court.

I own 2 rentals. I have only had to conduct one eviction. Whispers is correct though. If the landlord has valid reason to believe that there are repairs to be completed the judge is almost (read pretty much always) always going to side with the landlord on entry.

Sbortly after I evicted a tenant i found the rental flooded. Someone had gone in (no forced entry and locks not yet changed - it was only a couple days after) and stuffed a rag in the sink and tub with the faucets turned on. You know how much it is to replace 1468 ft2 of flooring, subflooring, drywall damage, repainting, and cleanup? Heres a hint....$11,000. Thats why landlords are given greater consideration for entry for repairs.

I believe whispers is also correct in that the LL had a high water bill and was chasing down the source. Language and tempers got in the way. Still. Unless you are just in love with the living conditions it might be karmas way of saying "time to move" hun.

Tbc

Always evict with a locksmith already there or scheduled to come out before you leave.
Sounds like you learned an expensive lesson.

Thanks everyone for all your advice.

Unfortunately, I have 4 months left on my lease, so it would be way too costly for me to pay off the rest of rent and move out now.

For the time being, things seem calm, but I will see how things go.

You might be able to negotiate a buy-out of your lease.

Well, they had already given me the option when I first moved in, that if I ever wanted to leave early, I can without penalty, if I give them a two month notice. The thing is, I am just not in a position financially to move out any time soon.

I wish I could, trust me, if I had the money, this situation would be non-existent because I would have already moved out, or would live somewhere else entirely to begin with.

Such is life!