Landlord rights to enter property?

Question

Hi, I have 2 small rent houses on one lot in Fort Worth, TX.  Today I went over to get a bid from a contractor for the back house for exterior painting.  Incidentally - in addition to painting - I started asking about installing foundation vents on both houses.  So the contractor and I went into the fenced yard at the front house (not planned) so he could look at some of the exterior siding to make his bid for the vent installation.  We weren't inside the fence more than 5 minutes when the tenant drove in and told my contractor "what the hell are you doing on my property"...

Just to be clear we never went inside the house.  Just went inside the fenced yard and were there for about 5 minutes or so.  This was an incidental, unplanned event where ultimately I'm looking to do maintenance on these properties.  I am the landlord/owner.

Previously the front tenant (who yelled at my contractor) asked me to let him know whenever I need to access his property including yard and house.  He says it's a liability because he has two dogs in the yard (btw, the 2nd dog is not on the lease and really is not supposed to be there in the first place...).  I verbally agreed to do the best I can as far as letting the tenant know in advance if I need to access.  And for the most part, I've followed his request.

Here's the verbiage in my lease:

"ACCESS TO PREMISES:

The Owner reserves the right to enter the residence at reasonable times to inspect, make necessary

repairs, supply services, or show it to prospective residents, purchasers, workmen, or contractors.

Whenever practicable, a two-day notice of the Owner’s intent to enter shall be given to the Resident."

Have I violated the tenant's rights?  How would a court look at this?  Appreciate your feedback.

Andy

Deanna McCormick · Answer

Andy,

I think it might be time you set a date for a meeting with them, and have some photo's ready to show of the damage of the storm door, and yard, print them off and give them a copy. If the tenant is not cleaning up after the dog (poop) make a note of that also. The dog(s) need to be better contained so they can't cause damage, if they can't figure out that then the dog needs to go. If the dogs are damaging the sod or lawn let them know it's gotta stop now and they need to fix it.  Makes you wonder what the pets are doing to the inside.

As far as debris in the yard make it clear the yard has to be kept in orderly manner and to get the junk either in the garage or gone. If it were me I'd make a list let them know they have 3 days to clean it up and you'll be back to check, if not done you can decide how to proceed further. Your either going to put up with the mess and conflict or your not renewing their lease and will file for eviction if matters are not corrected.  They are responsible for the storm door, you can either remove it if it's a hazard, or replace it and have them wreck it again. Personally I'd take it off and not replace till they are gone. But take photos of the door for your records. Give them the bill for the door and the original install charges, if they don't pay keep record of receipt and take it off the security deposit when they go. Your not required to provide a storm door, just entry doors. The dog jumping up on the siding is a issue and tell them that has to be cleaned up also. I personally don't rent to people with pets regardless of any pet deposit it seems there is always damage and of course it was like that when i moved in,  and the owners don't take responsibility. I'd not touch anything out of the ordinary repair care for the unit. I wouldn't give them any further upgrades.

And as far as notice to enter I think you have a better idea now of how to handle that, and wish you the best. They will either figure out it's a great place to live and be in compliance or continue to be a issue till gone. Give them an inch and they will take a mile..

Gail K. · Answer

On one hand, I can understand your tenants concerns if his dogs are in the back yard and he was unaware that you two would be entering the yard with them there.

On the other hand, the comment "what the hell are you doing on my property" should set a landlords teeth on edge.

While you do not wish to do anything at this point you do have the option (it appears) to consider legal action regarding the second dog that was not approved by being added to your lease.    From our posting it appears adding this second dog was a breach of their lease.

Gail

Thomas S. · Answer

I did a search and found your are correct Texas has no regs regarding landlords entering a tenants property. It is recommended you give 24hr notice which is standard.

I would leave written notice on the tenants door, it is usually permitted to enter without notice to give notice, and simply state you or a contractor will be there between certain hours or there for the day of.

Good tenants are generally very willing to work with landlords on this issue where as tenants with landlord issues need to be treated with kid gloves until you get rid of them. The advantage of giving notice is the fact that you never have to arrange anything with a tenant. Being able to schedule work or contractor visits without having to work around a tenants schedule makes a landlords life much easier. The tenant does not need to agree or be present for a landlord to enter as long as the landlord has given clear notice 24 hrs ahead. In the case of emergencies the landlord mat enter without notice. A emergency would be for example a burst pipe or a fire.

Andrew Briggs · Answer

Gail, both the contractor and I were there on site.  The tenant chewed out my contractor but didn't say anything to me.

As far as a 2 day notice, I wasn't planning on entering their fenced in yard because the contractor was meeting me to do work on the other house.  So I really didn't think to give him notice because it wasn't my intention to get on his property.  In the past, I've given him plenty of notice and gone so far as having i.e., pest control schedule appointments directly with him (vs. me) at his request and convenience.  That has turned out to be a real pain because the tenant is particularly hard to please and hard to schedule appointments with.

Greg, I can't find anything specific from talking with a more experienced investor and also looking at state code website that clearly states regulations about entering the tenant's yard.  I'll check with a realtor friend as well.  Do you know a website that I can go to to check code by State?

Deanna, this is bad timing...  The tenant has asked for an improvement every two weeks or so since they've moved in about 6 months ago.  And I've been saying "yes" to all of their requests to this point in addition to paying for upgrades like ceiling fans.  In general, I've been covering expenses I'm not responsible for by the lease.  It's now clear that they are going to continue to be a 'sqeaky wheel' untill I draw a boundry.  However, now they have broken my new storm door which they are asking me to pay for, their dogs are jumping on the exterior of the house including the doors (making it dirty) and their backyard is full of junk and debris.  So I was planning to ask for them to clean up and pay for the door.  Not a good idea?

The tenant has a bad attitude.  I agree that I should apologize but I know they will try to take advantage of pretty much anything at this point.

Appreciate your feedback!

Andy

Deanna McCormick · Answer

I personally call leave a message, and text that I am coming for service. If the tenant isn't home, I leave a note saying I was at the unit and entered for service. The outside is part of the property if they are renting the entire house, garage, and have full use of yard and the premises.

The appointment you made gave you some opportunity to notify tenant you would be at the property, so I personally feel you could apologize for the inconvenience you caused and that you will make every effort to notify in the future.

The fact they have another dog may be a concern but don't over emphasize that right now.

Let them know your taking bids for improvements and will need access to the yard for the next couple of weeks, if you plan on entering the yard where the dogs are or the house you will notify them prior. That once you begin painting and working outside the pets will need to be contained in the house during the work.

Thomas S. · Answer

What is your reason for not being able to provide a two day notice, was the entry and emergency ? Looks to me like a straight forward violation

.........................................But.

Your state landlord tenant regulations dictate the requirements for a landlord to enter upon a tenants property not your lease. You need to read and confirm what your state codes say.

And the lot is part of their rental property. Except in the case of common areas such as the lobby and hall ways of a apartment building. Your tenants are paying to rent the yard as well as the building.

If you intend to stay as a landlord you had better learn the codes.

Gail K. · Answer

What did your tenant say to you when he saw you (your posting implies he only saw the contractor)?

Gail

Vic French · Answer

Are you sure that they are not "growing" indoors.

Landlord rights to enter property?

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