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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100973
Experience:  Attorney
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I live in Cibolo, Texas and have been leasing a home few

Customer Question

Hi, I live in Cibolo, Texas and have been leasing a home for a few years.
I am terminating my lease at the end of February. The real estate agent has already put a for rent sign on the front lawn and informed me I have to show potential renters the home within a hour notice. What are my rights as a tenant to refuse showing anyone the home while there. Thanks
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Can you please tell me whether the contract states anything about the landlord's rights to enter? Or, is it silent?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Okay I need to talked with wife to locate lease in an email
Expert:  Ely replied 1 year ago.

No problem. Please reply when ready. OR, I can just provide a general answer for both scenarios. Let me know.

Customer: replied 1 year ago.
Okay like to know general info
Expert:  Ely replied 1 year ago.

Sure.

IF THERE IS NOTHING IN THE LEASE ABOUT THIS, then default common law doctrine applies because no statute in Texas landlord/tenant law (Tex. Prop. Code Ch. 92) specifically touches base on this. Under common law doctrine, the landlord must provide reasonable notice (which normally translates into 24 hours minimum) and the entry must be during business hours (no late evening, or early morning, for example). But provided they do this, they can enter to exhibit property to potential tenants or buyers. (So, an hour's notice is arguably NOT reasonable under common law doctrine.)

IF THE LEASE DOES OUTLINE landlord's rights of entry, then this verbiage controls and overrides the common law doctrine mentioned above to the extent of what that particular verbiage covers.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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