What are my Rights Regarding Charges and Entry of Premises that Are Not Stated in Lease Agreement
Full Question:
Apartment Management said they no longer have a key to my apartment and want me to bring my key in to copy or they will change the lock and charge me $25. I say my security has been breached since they lost the key and they should do it for free. What's my right?
Can maintenance enter my apartment without notice to me if empty apartment upstairs has a water leak and they want to check my apartment? Shouldn't they give me notice first?
If I did not ask for an exterminator to come, he comes anyway, and my cabinets are not empty can they charge me a $25 trip charge? This is not in lease.
11/20/2007 |
Category: Contracts ยป Lease Agreem... |
State: Texas |
#12591
Answer:
The tenant has the right to peaceful enjoyment of the property, but the lease can modify this right. Unless the lease provides otherwise, the landlord does not have a right to enter the property without permission of the tenant except to demand payment of rent or to make emergency repairs. A tenant can sue a landlord for violating the tenant's rights.
The following is a TX statute:
§ 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
TENANT REQUEST.
(a) Except as provided by Subsections (b), (e),
(f), (g), and (h) and without necessity of request by the tenant, a
dwelling must be equipped with:
(1) a window latch on each exterior window of the
dwelling;
(2) a doorknob lock or keyed dead bolt on each exterior
door;
(3) a sliding door pin lock on each exterior sliding
glass door of the dwelling;
(4) a sliding door handle latch or a sliding door
security bar on each exterior sliding glass door of the dwelling;
and
(5) a keyless bolting device and a door viewer on each
exterior door of the dwelling.
(b) If the dwelling has French doors, one door of each pair
of French doors must meet the requirements of Subsection (a) and the
other door must have:
(1) a keyed dead bolt or keyless bolting device
capable of insertion into the doorjamb above the door and a keyless
bolting device capable of insertion into the floor or threshold,
each with a bolt having a throw of one inch or more; or
(2) a bolt installed inside the door and operated from
the edge of the door, capable of insertion into the doorjamb above
the door, and another bolt installed inside the door and operated
from the edge of the door capable of insertion into the floor or
threshold, each bolt having a throw of three-fourths inch or more.
(c) A security device required by Subsection (a) or (b) must
be installed at the landlord's expense.
(d) Subsections (a) and (b) apply only when a tenant is in
possession of a dwelling.
(e) A keyless bolting device is not required to be installed
at the landlord's expense on an exterior door if:
(1) the dwelling is part of a multiunit complex in
which the majority of dwelling units are leased to tenants who are
over 55 years of age or who have a physical or mental disability;
(2) a tenant or occupant in the dwelling is over 55
years of age or has a physical or mental disability; and
(3) the landlord is expressly required or permitted to
periodically check on the well-being or health of the tenant as a
part of a written lease or other written agreement.
(f) A keyless bolting device is not required to be installed
at the landlord's expense if a tenant or occupant in the dwelling is
over 55 years of age or has a physical or mental disability, the
tenant requests, in writing, that the landlord deactivate or not
install the keyless bolting device, and the tenant certifies in the
request that the tenant or occupant is over 55 years of age or has a
physical or mental disability. The request must be a separate
document and may not be included as part of a lease agreement. A
landlord is not exempt as provided by this subsection if the
landlord knows or has reason to know that the requirements of this
subsection are not fulfilled.
(g) A keyed dead bolt or a doorknob lock is not required to
be installed at the landlord's expense on an exterior door if at the
time the tenant agrees to lease the dwelling:
(1) at least one exterior door usable for normal entry
into the dwelling has both a keyed dead bolt and a keyless bolting
device, installed in accordance with the height, strike plate, and
throw requirements of Section 92.154; and
(2) all other exterior doors have a keyless bolting
device installed in accordance with the height, strike plate, and
throw requirements of Section 92.154.
(h) A security device required by this section must be
operable throughout the time a tenant is in possession of a
dwelling. However, a landlord may deactivate or remove the locking
mechanism of a doorknob lock or remove any device not qualifying as
a keyless bolting device if a keyed dead bolt has been installed on
the same door.
(i) A landlord is subject to the tenant remedies provided by
Section 92.164(a)(4) if the landlord:
(1) deactivates or does not install a keyless bolting
device, claiming an exemption under Subsection (e), (f), or (g);
and
(2) knows or has reason to know that the requirements
of the subsection granting the exemption are not fulfilled.
Amended by Acts 1993, 73rd Leg., ch. 357, § 3, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 869, § 3, eff. Jan. 1, 1996.