Legal Question in Landlord & Tenant Law in Texas

Re: Landlord and Tenant

If she has never been on the lease, she may have a problem. If she just does not have a current lease, he has to give her at least one lease term (typically a month if her rent is due at beginning of each month) of notice. For example: He would have to tell her, in writing, that he she must move at least 30 days prior to moving her out if her month is due every 30 days. If he has accepted rent from her monthly, then she should probably still be entitled to this 30 day notice. If, on the other hand, she has not paid rent or is behind on rent, he can put a 3 day eviction notice on her door. As for whether he can enter when she is not there---this again, will turn on whether she has ever been listed on any lease or if she is there because her friend/significant other was on a written lease. That lease, however old, will control if she is a month to month tenant. If not, then the Texas Property Code controls. Typically a landlord can enter to inspect or to make repairs at any reasonable time during the day/evening with or without permission or notice---unless the lease says otherwise. If she wants to know more, have her email my legal assistant, Caroline Smith, at "[email protected]" and we can take things from there.