All Forum Posts by: Sunil Kale

Why would you need the tenants permission to send an inspector in? Just provide notice that the inspection will occur on X date at X time and and then send the inspectors in. Make sure they have keys in case the tenant isn't home, so they know they'll be able to get in. Have your Realtor set up a lockbox there with keys or meet them there to let them in. Ideally you'd be there too (or a manager if you had one) as that is best practice in my opinion, but being remote you just have to outsource everything to people you trust. 

Quick google search on Texas rules around entering YOUR rental property: "In Texas, landlords are required to give tenants reasonable notice before entering their rental property for an inspection, but the law doesn't specify an exact timeframe. 24-48 hr. notice is generally considered appropriate. Landlords should also select a reasonable time for the entry to occur, such as between 8 AM and 6 PM during weekdays. It's a good practice to provide notice in writing, and to indicate the time that you left the unit when you are finished. Landlords can enter a tenant's property for a variety of reasons, including:

• Making repairs or replacements
• Responding to a tenant's request
• Removing unauthorized window coverings
• Preventing waste of utilities
• Changing filters, testing, or replacing smoke detector batteries
• Inspections
• Helping with an emergency inside the unit
• Posting a notice of eviction"

Research your state laws because some of your comments indicate a lack of understanding of the landlord/tenant laws where you are operating (like threatening the tenants to keep the security deposit if they don't respond to you, I doubt that is actually a valid reason to keep their deposit, or evicting for late payments, or charging the tenants for your warranty repairs because you missed your 11 month inspection window which was your responsibility, and it looks like your lease says you can charge up to 18% interest for unpaid fees, is that actually legal?). You may just want to hire a good local property manager...

@Sunil Kale

Did you get your realtor to draw up the lease? What kind of lease do you have in place? Greg Scott is on point. You can't evict someone for late payments but you could for hoa violations but only if its spelled out in the lease.

I would suggest that if the tenant is late on the rent for december then refuse the late payment and file the eviction. It seems that the tenant has been there for a year or close to a year, probably since you bought the house in November 2023. 

When is their lease expiring? It might be easiest to simply not renew the lease if its a 1 year lease. 

Please get some education on how to manage a property or hire a property manager.  You also have misconceptions about how evictions work.

"Many late payments" is never grounds for eviction.  Failure to pay rent would be. 

HOA violations are only grounds for evictions if you your lease requires them to meet HOA regulations, you have properly notified them of the violation, and they have neglected to resolve the issue.

If you are out of state, who was going to do the inspection?  Have that person post the notice and as Nathan said, let the tenant know that you will be doing an inspection and the date and time.  

You are suffering from a common misunderstanding of the law. You must give notice before entering, but you do not require permission.

Any time I expect a response from someone, I include a deadline for their response and a consequence if they fail. Example:

I need to conduct a warranty inspection on the home this month. It will take approximately two hours, and I need access to every space, including the attic and crawl space. Your presence is welcome but not necessary. 

I have some flexibility with scheduling, but you must coordinate with me before November 5th. If I do not hear from you, the inspection will take place November 15, 2024, between 8-11am.

The Landlord

If she refuses entry, then you send another notice charging her for the costs incurred. You may consider terminating the lease depending on how much time remains, your skills, the legal system, and other factors.

Based on what you've said, I am concerned there's someone else occupying the home or something else is going on. One more reason why long-distance management is a bad idea.

Most leases indicate the landlord can access the property with 24 hours notice.  We do that all the time for inspections or to make repairs.  If you missed the window for completing the repairs, that is on you. Your tenant should not have to pay for it.