If you are renting, you may be wondering if your landlord is allowed to enter the property. Generally, a landlord can only enter a rental in a few situations:

• under the conditions specified in the lease;
• because of an emergency; or
• to make repairs.

No State Law

There are no state laws that regulate landlord’s entry in Texas. However, your lease agreement may allow your landlord to enter under certain circumstances. The lease may or may not require prior notice to the tenant. It may also authorize other people to enter, like maintenance staff or prospective buyers.

Read Your Lease

Check your lease agreement carefully for any language about when a landlord may enter. If your lease agreement does not allow entry or does not address it, the landlord may not have the right to do so without permission. However, there may be exceptions for emergencies or to make repairs.

The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.

Quiet Enjoyment

Tenants have a right to peaceful and quiet enjoyment of the property. This is known as the "covenant of quiet enjoyment." Quiet enjoyment does not necessarily refer to noise level but rather to a tenant’s exclusive right to possess the property during the lease period.

While there is no Texas statute protecting this right, the courts have ruled it is an implied term in every lease. The landlord may be in breach of this covenant if they enter the property:

• more often than necessary;
• at unreasonable times; or
• in violation of the lease agreement.

If your landlord is creating a disturbance, you may want to seek assistance. We recommend talking to a lawyer or contacting a local tenants’ organization. For more information on finding an attorney, please see the library's Legal Help page.

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