Is the landlord allowed to show my property whenever she wants?
09/09/2014 | Author: TAR Legal Staff
My lease is ending in two months, and my landlord put the property on the market. I don’t mind people visiting the property while I’m still living here, but a potential buyer and her agent came by last night at an inconvenient time for me. Can I ask the landlord to give me one day’s notice before the property is shown?
While you can ask the landlord for any special considerations you’d like, you should carefully read your leasing agreement to look for the terms regarding access.
If you signed a Texas Association of REALTORS® Residential Lease, you have agreed that the landlord or anyone authorized by the landlord will first attempt to contact you but may enter the property at reasonable times without notice to show the property to prospective tenants or buyers. If you refuse to provide access, you could be in default of your lease.
Make sure your landlord knows the best way to contact you, and let her know if there are time periods during which a showing would be convenient for you. Although this won’t guarantee that she will provide you the notice you desire, it may lead to a compromise that benefits everyone.
Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions can be answered.
Recently had an unsatisfactory discussion with a realtor representing a landlord. He claimed he could not alter the “Access” clause in the Texas Association of REALTORS® Residential Lease. Basically if you read the “Access” clause, notice is never required for the Landlord or their representative to enter the property. This should be unacceptable to a tenant (and a tenant’s representative).
After reading the TAR lease, I thought the Texas Association of REALTORS® believes they are representing landlords (the homeowner). Many current tenants including ourselves have been and/or will be homeowners. I would like to think the Texas Association of REALTORS® would encourage reasonable and responsible interaction between landlords and tenants.
Although giving notice for showing isn’t required, the landlord should do it out of courtesy no matter what. I would inform my tenant 1-2 days ahead if I have showings.
Texas is one of the few states that does NOT require a specified 24-48 hour etc. notice for a tenant, though, a professional property manager or landlord, would be courteous to give “proper” notice when asked.
Leave a Comment
The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.