Can tenant prevent landlord from entering flooded house?

Can tenant prevent landlord from entering flooded house?

Contractor · Magnolia, TX · Member since 2016 · 279 posts · 155 votes

I work for a small builder in Houston, and we are doing remediation work on flooded homes. I met with a client yesterday who is having a problem with a tenant. One of his rental homes flooded, and she threatened to sue him if he set foot on the property.

I just assumed that standard landlord law gave him the right to enter a property to do emergency repairs or damage mitigation, but this lady is really freaking out and says she has a friend who is a lawyer who swears up and down he cannot enter the property without her permission.

Any words of wisdom?

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Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y

Take photos of interior to document she's out and condition...

Good luck on your project,, it's hard to imagine what everyone down there is having to deal with. It's on the news constantly so were all watching. 

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  • NJ, NJ · Member since 2014 · 63 posts · 88 votes
    9y

    I'm in NJ but a quick search on Houston landlord tenant law pulls up a Houston Housing and Community Development Dept page which say:
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    1. A landlord must LET TENANTS ENJOY THEIR HOMES. A landlord has no right to come into your home without your permission, except in an emergency such as fire, unless your lease says otherwise. He or she would be trespassing, and you might wish to contact a lawyer.

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    Surely a flooded home qualifies as an emergency, also his lease may have additional details that may help.

    I'm more interested in why she wouldn't want him to enter....something shady must be going on!!!  Perhaps the flood made it so she can't hide some shady business, or she is planning some scam based on a flooded home, what other reason could she have for not wanting landlord to enter and evaluate needed repairs!!!!

    I hope you'll be able to post a follow-up about what the outcome is in this scenario, thanks in advance!

  • Contractor · Magnolia, TX · Member since 2016 · 279 posts · 155 votes
    9y

    We showed up at 8 o'clock this morning, and the place was deserted. Completely vacant.

  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Take photos of interior to document she's out and condition...

    Good luck on your project,, it's hard to imagine what everyone down there is having to deal with. It's on the news constantly so were all watching. 

  • Investor · Houston, TX · Member since 2013 · 471 posts · 267 votes
    9y

    @Andrew Taylor you are correct in that in an emergency situation you can enter the property. Great to see you are doing flood restoration. We are doing the same thing as well and working on people's homes. Tough time for everyone and good contractors are hard to come by. Already seeing evidence of people overcharging and I imagine it will get worse.

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