How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

In Dallas, Texas does tenant of 3 years with 1 more year to

This answer was rated:

In Dallas, Texas does tenant of 3 years with 1 more year to go have to allow access to property, whenever person has signed a contract but can't close till we vacate, wants to bring architect , arborist, surveyor whenever they want? The prospective buyer does not contact current owner as he told them we are "friends". My friends would not be so pushy and rude and without any concern of our feelings when doing this and talking in front of us as to tearing down house and all their plans when they are forcing us out. It upsets me every time they do so. Recently, my husband allowed access to front yard, when we were traveling and my house sitter caught them in back yard. They said oh we didn't knw you were here. She told them they weren't supposed to open back gate and come in. Do we have any say in ths constant intrusion on our privacy? We live next door t President George W . Bush, and one instance the guy was riding his bicycle up and down both sides of street looking at house/lot. He also lives in our gated area, and the secret service came out and asked him what he was doing and to stop. I'm not exaggerating how annoying and aggressive he is being. Our house was not for sale and he has pestered the owner and probably offered more money to buy, however he DOES NOT OWN THIS HOUSE Yet? Do we have to continue this for duration of our lease? I feel like he's doing this to force us out early!!! Please advise. Harriet Scott
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
There is no specific statute in TX that addresses a landlord's or his agent's or invitee's access rights to the property. So typically the lease would control when anyone other than you can access the property. However, Texas courts have held that a landlord may not enter the rental property unless entry is authorized by the lessee or specifically reserved in the lease.
.
So with that said, since you have the right to "exlcusive use and possession" to the property during the time of your tenancy, you have a legal right to refuse to allow the annoying purchaser onto the property. If you do decide to refuse entry, you would need to convey this to the purchaser, preferably in writing sent certified mail. Then if they enter the property without your permission, you can file a criminal complaint against them for trespassing.
.
.
Thanks
Barrister
Customer: replied 3 years ago.
If the prospective buyer does purchase house during our lease does ths change? Our landlord told my husband before he offered contract we were protected in our lease. Please advise!
If the prospective buyer does purchase house during our lease does ths change? Our landlord told my husband before he offered contract we were protected in our lease.
.
No, the record owner of the house still doesn't have any legal right to interfere with your exclusive use and possession unless he specifically reserved that right in the lease. So even if the buyer closes on the property during your tenancy, he still can't enter without your permission unless that right is reserved to the owner in the lease.
.
.
Thanks
Barrister
Barrister and 6 other Real Estate Law Specialists are ready to help you

Related Real Estate Law Questions