#Landlord Right to #Access #Rental Property

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-For Do-it-yourself course on Texas Tenant Eviction, go to www.attorneyEG.com/ev
Too many Landlords have no idea how much or how little access they have to their own rental property. They are either convinced that they cannot enter the property until the Tenants have vacated at the end of the lease, or they think they are the king and can come in whenever they want. The answer, of course, is somewhere in between, but if you don't know where the boundary lies, how can you ever enforce your rights and protect your most valuable asset?
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The Law Office of Ernie Garcia stands out for its unparalleled expertise in landlord-tenant law, providing essential support to Texas landlords, apartment communities, and real estate investment firms. Whether it’s delivering legal notices, filing lawsuits, or defending landlords against tenant lawsuits and HOA or tax foreclosures, Ernie’s firm has done it all. Ernie Garcia, a distinguished landlord attorney with over 14 years of real estate law experience.
Additionally, The Law Office of Ernie Garcia assists clients with drafting Leases, Deeds, and Notices. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
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The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel. "

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31 мар 2022

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Комментарии : 64

@tedanderson5528 Год назад

Laws differ depending on the state. Most states I’ve dealt with do specify a yearly inspection of sorts which is reasonable - normally mid term and with an agreed upon date and time. Some landlords seem to want an inspection several times a year / and others claim “surprise inspection” which is unreasonable. No matter the arrangement, in effect, once a person takes possession of a property, like it or not, it’s their home and they have all their rights to protect their home and property. If you do your research many landlords have been killed entering properties they rented without permission - even in the middle of the day. Some states like Florida, many rental companies do not even want a key - which is smart. Even for emergencies, emergency services are called which seems like the smartest way to handle property rentals. Renting a property is a business and may not be the right scenario for people to rent out a unit if they don’t understand risk management, insurance and the right to privacy. Can you imagine renting anything else and someone stopping by to make sure you’re being an obedient renter? 😂 Some landlords do have daddy issues and think they can just drop by when they want, but that generally has a bad ending.

@LandlordAttorney Год назад

When the law allows inspections in the middle of the rental term, it's a necessary way to maintain the value of the property. Too many landlords loose so much money by only taking a look inside after the entire tenancy has ended. Saftey concerns are one thing, but these can be curbed with proper planning before the lease ever begins. If the state allows it, the lease allows, but the tenant will not, then this is not a good fit, and the landlord should deny that tenant a lease 100% of the time.

@tedanderson5528 Год назад

@@LandlordAttorney yes - I agree a landlord should thoroughly inspect the property at least once during a 12 month period. You should see some Georgia contracts I’ve read - really amazing how they are stated.

@MrWhitelightning73 Час назад

I need to inspect the furnace and water lines before winter. Thankfully I have a lease that says a 12 hour notice prior to entry.

@LandlordAttorney 38 минут назад

@MrWhitelightning73 Inspections are extremely important, and good leases are necessary for proper enforcement.

@araisininthesun5958 2 года назад

Did he just say that the Tennant probably has trust issues, or that the landlord doesn't have to get permission to enter?

@veritasmanagement18 2 года назад

Thanks Ernie. As always, a great video and very informative. If I may add a couple things...it is imperative that landlord leases are drawn up or at least reviewed by an attorney like yourself. In addition, if a landlord suspects that there may be any issues with a site visit, having a colleague present during the site visit is always helpful.

@LandlordAttorney 2 года назад

Thank you for your feedback and for your kind words. I really appreciate it!

@robertjackson2739 Год назад

I strongly recommend you let landlords know that it's is nys law that they have to give 24 hr notice it's in the tenants rights. Also just strolling into someone's dwelling without notice can be dangerous to both the landlord and tenant. Also if a minor is home alone it is illegal. Also a landlord cannot enter a home without notice unless it's and emergency situation. Yall cover your butts read the tenants rights and just dont violate them. Side I have successfully sued a landlord for entering my dwelling without any notice. And it cost him a pretty penny.

@LandlordAttorney Год назад

Rules are different across different states. The substance of a lease can also create barriers. I agree that landlords need to know their own rights and the rights of their tenants, which should always be respected.

@valeriakremenlieva8190 3 месяца назад

Can you share contact of your attorney?

@bc6112 4 месяца назад

I have this problem with a tenant. He clearly wrote to me that he wont allow access without them being home. At the same time he demanded I cease any and all communication with him. To a point where he could possibly barricade himself in the home.

@LandlordAttorney 4 месяца назад

You tenant cannot stop you from communicating with him as long as your communication is reasonable and directly associated with the lease. This sounds like a case where you prove to the court that you were repeatedly denied entry as the basis for eviction, nut you will need to establish this with written notices of default and repeated denial by the tenant. If this occurs 3 or more times over a period of weeks, that will likely be sufficient cause for eviction if your written lease allows you to enter.

@bc6112 4 месяца назад

@@LandlordAttorney Then he demanded all communication to go through his attorney. The attorney has not sent notice of representation. He received his 30-Day Notice to vacate and flipped out.

@roynunez2704 2 года назад

I need help. I have lived in this apartment with my family for 16 years. A year and 5 months ago my ac broke and stopped working. My family and I let the landlord know it was broken and he did send someone to check it out. The ac employees said that they think it’s a serious problem and they will have to replace the whole ac. We let the landlord know. He said he was going to fix it and it’s not been a year and 5 months. What can I do? It’s super hot in my house and my landlord refuses to answer our questions. Yet he comes to our door and asks for rent and we don’t want to get in trouble.

@LandlordAttorney 2 года назад

Refer to your lease. What does it say about repairs and repair requests? After all this time, you might have to decide if it makes sense to stay or to move. Either way, make a demand for a repair in writing and make sure the rent is current.

@maryrose7712 2 года назад

GO to city hall , OR www.dca.ca.gov.

@ShellyStephen Год назад

Can refuse management to come in my unit for inspection, until they come back wearing gloves. They go from unit to unit flushing toilets no gloves at all, they don’t even change their gloves in between units. That gives me anxiety it’s unsanitary, I expressed my concerns and the manager is being difficult.

@LandlordAttorney Год назад

I doubt that you can deny the management entry, but I would voice this concern to them in writing. If this behavior results in harm to you, you would have evidence that you first notified them and they failed to practice adequate care.

@robertmtaylor2472 2 года назад

You have to have your Property Manager enter your Unit, when a Notice to Inspect Premises is issued. This is to find out as a Resident, if your Unit, is Safe to live in, or Not.

@genofila8943 11 дней назад

Ernie, I have PTSD and condition started when my private domicil was violated. I sure wish landlords be a little more respectful. They are so bossy and never let you pick a date and time. I’ve even offered to pay for rescheduling. Landlord likes to be Lord ! That’s why Thomas Jefferson didn’t want this system brought to America.

@LandlordAttorney 10 дней назад

@genofila8943 Sounds like a scheduling issue combined with a screening issue. Tenants can also select among a variety of landlords to make sure to match up with one who works best with them. Finally, if you have a legitimate medical condition, you have the right to request a reasonable accommodation from your landlord. That's the law, and a landlord is required to follow it if the medical condition is properly presented.

@LandlordAttorney 10 дней назад

Sorry to hear that. Is this property in Texas?

@14lexquez 2 месяца назад

Hey Ernie. So my dad’s landlord suddenly decided to put up an illegal marijuana grow house on the property. My dad had absolutely no say. The police raided the property and ultimately, charged my dad with it. What can my dad do?

@LandlordAttorney 2 месяца назад

@@14lexquez He should fight the charges.

@briyannavelasquez3326 2 года назад

what are your rights as a tenant, during a UD litigation. Do landlords still have to provide maintenance, and if landlord evades privacy are you able to deny entry due to conflict of interest since you are already being evicted?

@LandlordAttorney 2 года назад

The issues are probably fact and state specific. In Texas, if a tenant has not paid rent, the Landlord is generally not obligated to complete a repair. Also, a Tenant cannot generally deny access to the Landlord if the Landlord has a reasonable basis to enter the property.

@briyannavelasquez3326 2 года назад

@@LandlordAttorney Rent was always paid, ud was de based on defective and various maintenance request were made prior to notice. Tenant was not going to be home and reached out to let them know. Landlords stated tenant refused entry by still showing up when they knew no one would be home. Eventually at a later time when landlord was inside. he was opening cabinets closet etc. and taking pictures of clothes and personal items.

@LandlordAttorney 2 года назад

Is this rental unit in Texas? Is the tenant being evicted for any Lease violations?

@briyannavelasquez3326 2 года назад

@@LandlordAttorney yes, no violations just termination of tenancy

@LandlordAttorney 2 года назад

@@briyannavelasquez3326, if the tenancy was terminated, there really is no defense to the contract simply coming to an end. You are still entitled to trial in the Justice Court and to an appeal, but if the Landlord files a proper Eviction lawsuit, you will ultimately have an Eviction on your record. I would suggest that you begin looking for a new place and see if you can bargain with your Landlord to transition off the property without an Eviction. If you would like legal representation, feel free to call us at 832-305-7694 or click here: lawofficeoferniegarcia.as.me/schedule.php

@robertdavis3433 2 года назад

I have rentals in Cali. My tenant agreed to inspection on a certain day and then would not let me in. The lawyers said to give him a 3 day notice to covenant or quit and then show up to inspect.To evict in Cali tenants must recieve 2 notices before an unlawful detainer is filed. It's that simple. Don't let a tenant jerk you around. Do the proper paperwork and your covered.

@1sthawkfeathers547 2 года назад

I gave tenant with month to month (no lease) 90 days to vacate. They have used my property to put old junk cars, boats, traps, etc. I need access to my storage building on property however tenant threatened me. I cannot carry on my business with this hostile situation. I have looked up forms to file in the county; however, I am concerned about the condition of buildings and other areas of the property. It is confusing which starting point. Thank you for your advice.

@LandlordAttorney 2 года назад

If you have no written lease, is this person paying rent? If so, there is no way to remove them without termination, which, in your case is not effective for 90 days. Also, without a written lease, how can you prove that you and the Tenant agreed that you would still have access to the property and use of it for your business?

@hbkimmi3929 2 года назад

Thank you for the information. We bought this 4plex and they all on month to month, basically no lease with us . We have termites and black mold , I don't want to be responsible for them getting sick or letting my property eaten by termites. What right do i have?

@LandlordAttorney 2 года назад

Is the apartment in Texas? Have the tenants been notified of the changes in ownership in writing? If yes to both, you can send 30-day Notice of Termination of Lease to each to clear out units and begin remediation.

@LandlordAttorney 2 года назад

You also have a reasonable right to enter to Inspect and repair. If the tenant denies access, issue a Notice of Default. If this happens repeatedly, at the 3rd instance, issue a Notice to Vacate.

@hbkimmi3929 2 года назад

@@LandlordAttorney thank you for the quick response. Yes to both ,but the property is in Huntington Beach California.

@Redlinemunk 7 месяцев назад

Do you believe that the tenant is obligated to open the door for real estate agents to show a rental property to prospective buyers? Would it be 'restricting access' if a tenant is unavailable to open the door, even with after giving proper legal notice?

@LandlordAttorney 7 месяцев назад

Why does the landlord need the tenant to open the door? Doesn't the landlord have a key?

@Redlinemunk 7 месяцев назад

@@LandlordAttorney it appears like one of the realtors lost his copy. They have been very disrespectful to my wife and I during the sale of the home, so we do not feel the need to go above and beyond our legal obligations. From what I'm understanding, the landlord just needs to send notice for an alteration and send a locksmith out for a rekey.

@LandlordAttorney 7 месяцев назад

@Redlinemunk If the landlord lost their only other key, they have to deal with that and either get a locksmith or rekey the door. The tenant is not required to facilitate the showing.

@Redlinemunk 7 месяцев назад

@@LandlordAttorney thank you sir. We feel like we are dealing with a very unusual landlord/tenant situation. Many of the problems could be solved if he had a good attorney advising him on what to do. He has already filed for eviction once and we feel like he is about to try again. The first eviction was dismissed very quickly after our response. He has been including baseless lies in his notices that our physical evidence can disprove.

@LandlordAttorney 7 месяцев назад

@@Redlinemunk I'm sorry to hear that you're being treated this way, but it sounds like you have your part under control. If this is a TX lease and you feel that you could use some legal assistance in the future, don't hesitate to reach out to us by voice or text at 832-305-7694 or by email at info@attorneyEG.com.

@victoriahaubenstein5319 2 года назад

Dog check your local laws, stop trying to belittle tenancy. Landlords get 2nd opinion

@LandlordAttorney 2 года назад

I check them frequently.

@northernliving2387 9 месяцев назад

Can a landlord come in and search your personal property?

@LandlordAttorney 9 месяцев назад

A Landlord can inspect the property. Think roof, walls, floors, plumbing, etc. To do this properly, the Landlord may end up seeing lots of your personal property that is out in the open. However, a Landlord would not generally be allowed to open personal property containing property belongings that exclusively are the Tenant's. Example: a Landlord can inspect a closet, but they would be unable to open a box owned by the tenant that is in the closet.

@angel1111. Год назад

What if landlord went in took picture and nothing on lease states any entry he went hospital because the air-condition has black mold in it. She took on herself to go in his home

@LandlordAttorney Год назад

Her right to enter may be featured in the lease. Many leases allow a Landlord the right to enter, even without notice, to make repairs or to inspect the property.

@angel1111. Год назад

@@LandlordAttorney its not no where on lease

@angel1111. Год назад

@@LandlordAttorney he can't afford the 199. How can we speak to you directly like maybe free consultation on phone landlord trying change lease Daniel has 1 year lease for 690. All bills paid n she'said if he didn't sign the new hand written letter that he would be avicted it reads she is changing the lease to 650. And he will pay half her light bill.

@LandlordAttorney Год назад

@@angel1111. I won't be in the office until after the new year, and we do not offer a free consultation. You may want to seek out Loan Star Legal Aid or some other organization for assistance. Best of luck!

@jimmyday9536 Год назад

Our lease states, the landlord has the right to enter the property at any time, by any means necessary, in case of emergency or urgency, and is not liable for any damage incurred.

@LandlordAttorney Год назад

Generally, this right is limited by what is reasonable and whether the Landlord can enter peacefully.

@victoriahaubenstein5319 2 года назад

Don't listen if you live in California, tenants

@LandlordAttorney 2 года назад

Agreed. Find a Tenant attorney in California who practices Tenant law if that's the specific kind of video you're looking for.

@nancywilson346 2 года назад

OOPS! TO DO REPAIRS WORK INSIDE A TENANTS' APARTMENT IF,THE TENANTS ORDER SOMETHING TO BE FIX! THAT IS WHAT I MEANT TO DAY.IT PAYS TO KNOW MY RIGHT AS A TENANT.😃😀😄😝☺☺😉😉😊😁😁😜😜😜😜😜😜😜😜😜😃😀😄😄😝

@nancywilson346 2 года назад

TENANTS HAVE THE RIGHT RO PRIVACY ACCORDING TO THEIR LEASE!😳😭😪😢😢😳😰😥😥😞😭😭😭😭

@nancywilson346 2 года назад

A LANDLORD DON'T HAVE THE RIGHT TO GIVE EXTRA KEYS TO STRANGERS THAT ARE LIVING AT THE APARTMENT COMPLEX.AS FOR MAINTENANCE GUYS,THEY CAN ONLY ENTER WITH A 🔑 TO DOOR REPAIRS AND NOTHING ELSE!😭😭😭😭😭😭😰😥😥😞😪😢😢😳😳😳😳😳😳😳😳😳😳😳😳😳