Can my Tenant prevent me from Inspecting my Rental Property?

It’s amazing to me how often clients are absolutely shocked when I tell them, “Your Lease allows you to inspect the property even without giving your Tenants notice.”

But the Landlords normally believe, “That’s not true. I know I have got to give them 24 hours’ notice. And I have to coordinate with their schedule. And I have got to ask them to come in because I don’t have a key.” Landlords need to read their Leases.

Always keep a key and read your Lease! You need to know that they don’t get the sole control of the key. And that means that they can’t change the locks.

A good Lease is going to have included in one of the provisions specifically access for the Landlord. So, if you’ve got a key, you can go and inspect your property. I recommend that you do it at least once, possibly twice a year, for a couple of reasons.

The main reason to inspect is to make sure that your rental unit is in good condition. If there are issues that left unattended get increasingly more expensive to fix, you’re better off knowing sooner rather than later.

The classic example is the leaky roof. So, the Tenant, probably in the Lease, has an obligation to notify you of needed repairs. But maybe it doesn’t bother them – every once in a while there’s a little leak, they’ll put a bucket, and they’re cool with it.

The problem with not notifying you is that a small leak will inevitably turn into a big leak. Just like a tiny blemish on the ceiling eventually becomes a hole. So, if the matter is dealt with in a more timely fashion, it’ll save you a significant amount of money. So, knowing these things ahead of time is best.

The second reason that it’s important to inspect is – you want to make sure that the people who are on the Lease and were disclosed in the application – all those who are actually living in the home.

I’ve had numerous cases when Landlords told me, “I don’t know who’s there.” Or, “Two people’s names are on this Lease, but there are 10 people living there.” You need to be able to get in there and gather evidence to that effect. Your Tenants may bring in unauthorized occupants without notice to you.

Pause reading this blog and go read your Lease right now! Does your Lease allow you to enter the premises at reasonable times even without notice? You might be shocked, that it does. And if you don’t read your Lease, then… go read your Lease.

Additionally, if there are requirements for you in your written Lease to contact the Tenant, definitely do so. But my recommendation is – because the Property Code doesn’t require that, you modify your Lease to grant you access to your own property at a reasonable time at least once or twice a year.

You need to be up front with the Tenants and tell them, “I inspect about once or twice a year.” And you can be courteous, and give them notice.

But if the Tenants say, “Well, I’m not going to be around, and I’d really like to be around for that,” you can tell them, “The Lease doesn’t require it. And if you’d prefer to be around, you and I can coordinate. But essentially, I’m coming on such and such date, whether you’re there, or not.”

So, don’t let your Tenants bully you and don’t let them make rules. Your Lease should establish those rules. And inspections are absolutely crucial in order to protect this valuable investment.