Wha to do if my tenants refuse to allow any repairs to be made outside the home until they move?

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Wha to do if my tenants refuse to allow any repairs to be made outside the home until they move?

Tenants gave move out notice for the end of next month. Upon our realtor walk-through, he noticed many necessary repairs needed to be made to the outside of the home. The tenants are difficult and left me a voice mail saying no one is allowed back until they move. Can they do this? Don’t we have the right to make necessary repairs during weekday work hours without their permission? Do owners have any rights?

Asked on June 23, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as your tenants have paid their rent, they have complied with the conditions of the lease and they have a general right of privacy.  You have a right to enter to make repairs essential to their habitation of the dwelling.  (like getting the AC to work during the summer).  You do not have the right to enter to make cosmetic repairs or repairs that are not essential to the habitation (like repainting the walls) unless your written lease gives you additional rights.  So it really boils down to what is considered "necessary".  If the paint is looking bad, that is not a necessary repair.  If there is something that makes the dwelling uninhabital-- then that is necessary-- and entry is authorized.  Your rights will turn on these definitions if they are not clearly outlined in your lease.


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