Is it legal for the manager at the apartment complex I live in to enter my apartment and search threw it without my permission?

Someone had commented to the manager that I have a mini-portable washer. The then manager decided to enter my apartment without my permission and search for it. It doesn’t state in my contract that I am not allowed to have or use it. She did call me later that day just to tell me not to use it but that is all. I will continue to use it even more so when I can’t carry my baskets downstairs due to my injury to my wrist.

Asked on July 4, 2012 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The manager/landlord cannot enter your apartment without notice except in an emergency.  The landlord/manager cannot search your apartment.

Many states have a notice requirement in which notice by the landlord is required prior to entering a rental except in an emergency.  Texas does not have a notice statute; however, in Texas if your lease does not include a provision regarding how much notice you are to be given prior to the landlord's entry, you , the tenant can work out a notice requirement with the landlord.  If the landlord violates the agreed upon notice, the landlord must correct this.  If the landlord does not correct this situation of serious violations of the notice agreement, the tenant can sue for damages (monetary compensation) or can be released from the lease.  In your situation with the manager, you can sue for monetary damages or be released from the lease.  The manager's action is a breach of the covenant of quiet enjoyment.  The covenant of quiet enjoyment in every lease means that the tenant cannot be disturbed in his/her use and enjoyment of the premises.  If there is a prohibition on using that washer, you would have to abide by that, but that is separate from the issue of the manager entering and searching your apartment without consent. 


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