Legal Question in Real Estate Law in Texas
Renting Rooms in a Private House and the Landlord Lives Here, Too
What right does a landlord have to enter the 'space' rented out in a private home situation where the landlord also lives in the home?
I have a contract for 6 months and it states that "Lessor and or his representative reserves the right to enter the demised premises at all reasonable hours for the purpose of inspection, and whenever necessary to make repairs and alterations to the demised premises. Lessee hereby grants permission to Lessor or his representative to show the demised premises to prospective tenants, workman, or contractors at reasonable hours of the day."
Mylandlord comes into my area to turn off fans, or the TV or to lock my kitten (which I am allowed to have by the lease agreeent) in my bedroom where she has no access to food or water. He says that because it is HIS HOUSE, he has to right to do whatever he wants. I even asked him to leave my room one time and he refused. I had to call the police.
Now, he's threatening to terminate the lease and says I have to be out at the end of the month. I've paid my rent on time, or ahead of time. Can I leave and still get my deposit back??
1 Answer from Attorneys
Re: Renting Rooms in a Private House and the Landlord Lives Here, Too
Your landlord is mistaken. His rights are quite limited, and must be exercised with reasonableness, which apparently he doesn't do in your case.
You are entitled to the quiet enjoyment of your leased space. His actions amount to a "constructive eviction" by denying you the right to be left alone.
If I were you I would leave, demand the return of my C&D deposit, and if he gives you any problems go to small claims court to resolve the matter of his breach of your lease. You may be entitled to substantial damages for his actions together with a cancellation of the balance of the lease and remission of rent payments for the time he imposed himself on you.
You are not powerless; the law is on your side if you can prove the facts of your post.
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