Legal Question in Landlord & Tenant Law in Texas

Make your complaint in writing, certified mail; or hand-delivered, with a signed receipt.

If it continues, then sue the landlord in JP court. The majority of landlord/tenant law is found in Chapter 92 of the Texas Property Code.

The passage below is from the Tenant's Rights Handbook:

1-5. Covenant of Peaceable, Quiet Enjoyment

1-5.1. Improper Entry

Absent express language in the lease to the contrary, the law implies a promise by the landlord that the tenant will have peaceful, quiet enjoyment and use of the premises through the term of the lease, HYM Restaurants, Inc. v. Goldman Sachs & Co., 797 S.W.2d 326 (Tex. App. -- Houston [14th Dist.] 1990, writ denied), and that the premises will be exclusively for the use of the tenant.

In essence, a residential tenancy is presumed to be the home of the tenant. A breach of the right to use the premises entirely is called a constructive eviction. See 4-4. Constructive Eviction.

A breach of the tenant's right to the exclusive use of the premises is called a trespass (and, if material, it entitles the tenant to terminate the lease). The tenant may also recover damages caused by the trespass. Clark v. Sumner, 559 S.W.2d 914 (Tex. Civ. App.--Waco 1977, no writ)(landlord allowed dog to enter tenant's dwelling which violated covenant).

Another action that should be considered is an action for forcible entry. But the right to exclusive use can be partially waived in the lease to allow the landlord reasonable entries without being in violation of the covenant. See HYM Restaurants, 797 S.W.2d 326. For example, the Texas Apartment Association lease agreement restricts the landlord from entering the dwelling unless certain broad conditions are present.

Some leases with private landlords and all with a public housing authority that are subsidized by the Department of Housing and Urban Development (HUD) require advance notice before entry into the tenant's dwelling. HUD Form Lease, Handbook 4350.3, Appendix 19a, Para. 20.

Many landlords ignore the basic tenant right of exclusive use and quiet enjoyment, and enter the apartment at will without even knocking first. Unfortunately, the tenant has the right to terminate for only the most severe and permanent violations.

The right to quiet enjoyment probably allows the tenant to change the lock and not give the landlord a key, unless such a lock change is prohibited by the lease (which it often is). Changing the locks will also be prohibited in some cases by SS 92.163 of the Texas Property Code, which prohibits the tenant from removing security devices installed, changed or required after the lease commenced.

The tenant may request that the landlord install a keyless deadbolt on any door, at the tenant's expense, which will at least prevent any entries while the tenant is at home.

Tex. Prop. Code SS 92.157.

Another legal remedy that may be available to discourage the landlord and compensate the tenant for improper entries is the tort of invasion of privacy. Prosser has determined there are four categories contained within the tort, including "an intrusion upon the plaintiff's seclusion or solitude, or into his private affairs." W. Prosser, Handbook of the Law of Tom SS 117 (4th ed. 1971); Gonzales v. Southwestern Bell Tel. Co., 555 S.W.2d 219, 221 (Tex. Civ. App. --Corpus Christi 1977, no writ).

The Texas Supreme Court announced in Billings v. Atkinson, 489 S.W.2d 858, 859 (Tex. 1973), that every citizen has a right of privacy defined as "the right to be left alone, [and] to live a life of seclusion ... " There is no indication that the Court intended to excuse landlords from respecting the right to privacy held by tenants. The Court also noted that proof of actual damages in not necessary to a recovery. "Damages for mental suffering are recoverable without the necessity of showing actual physical injury in a case of willful invasion of the right of privacy because the injury is essentially mental and subjective, not actual harm done to the plaintiff's body." 489S.W.2d at 859.

Finally, severe intrusions by the landlord could also constitute a deceptive trade practice actionable under the DTPA. Tex. Bus. & Corn. Code SS 17.41, et seq.

Landlords have a right to inspect their property periodically and at reasonable times, or to make routine or requested repairs on the dwelling during reasonable times (especially if advance notice is given). The key word is reasonable. These entries must be reasonable and must not interfere with a tenant's right of privacy and enjoyment of the premises