Full question:
Apartment Management said they no longer have a key to my apartment and want me to bring my key in to copy or they will change the lock and charge me $25. I say my security has been breached since they lost the key and they should do it for free. What's my right? Can maintenance enter my apartment without notice to me if empty apartment upstairs has a water leak and they want to check my apartment? Shouldn't they give me notice first? If I did not ask for an exterminator to come, he comes anyway, and my cabinets are not empty can they charge me a $25 trip charge? This is not in lease.
- Category: Contracts
- Subcategory: Lease Agreements
- Date:
- State: Texas
Answer:
As a tenant, you have the right to peaceful enjoyment of your apartment. However, your lease may modify this right. Typically, a landlord cannot enter your apartment without your permission unless it is to collect rent or make emergency repairs.
Regarding the lost key, since the management lost it, you could argue that they should cover the cost of changing the lock instead of charging you. Texas law requires landlords to install security devices at their expense, and if they fail to do so, they may be liable for tenant remedies (Tex. Prop. Code § 92.153).
For maintenance entry, landlords usually must provide notice unless it’s an emergency. If there is a water leak in an empty apartment above yours, they may have grounds for immediate entry, but notice is generally expected.
As for the exterminator, if you did not request their services and your cabinets were not empty, charging a trip fee may be questionable, especially if this charge is not mentioned in your lease.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.