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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31396
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm in Texas. I had a question about access to my rental

Customer Question

I'm in Texas. I had a question about access to my rental property. Can we legally access the property with a couple weeks notice in order to make repairs to the home even if the tenants are not home. We have documentation showing they are aware of this visit.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, if you give the tenant reasonable notice --- usually a minimum of 24 hours --- you can enter for any reasonable purpose. Here's a good link: http://texastenant.org/tenant_privacy.html

Expert:  Roger replied 1 year ago.

But, if the tenants refuse you access, your only option would be to seek a court order enjoining the tenants from refusing you entry.

Customer: replied 1 year ago.
They have busted out the front windows and our property has sustained a lot of damage on the outside. We had an agreement to meet tomorrow for a walk through with our insurance adjuster but they just backed out. They are 18 days late on rent. We need access to the property to begin the repair. The tenants won't be home and are now backing out of our agreement. Can we still enter the property?
Customer: replied 1 year ago.
We also had agreed to end the lease tomorrow.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Roger replied 1 year ago.

As long as you give notice and they don't deny you entry, you should have no issue.

Customer: replied 1 year ago.
They are denying entry as of tonight. We had this appointment for two weeks. Can we enter due to need for making repairs?
Expert:  Roger replied 1 year ago.

If they refuse,you should file a small claims petition for an injunction to stop them from refusing entry. Then, you can have that in hand when you go.

Expert:  Roger replied 1 year ago.

If you show up with that and they refuse; you can call the sheriffs office and have them force entry for you.

Customer: replied 1 year ago.
How long does a small claims injunction take? Could I receive tomorrow or is it something that takes awhile?
Expert:  Roger replied 1 year ago.

If you filed with a lawyer and requested an emergency hearing, you may be able to get it that quick.