Renters, you have the right to refuse inspections!
Just because you're paying rent instead of a mortgage, you shouldn't be treated differently.
You have the same rights as homeowners.
The Texas Property Code spells out tenants' rights and tenants are entitled to "quiet enjoyment."
'Your rights as a tenant include the right to "quiet enjoyment," as it is called in the law. This means the landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet,' as stated by the Texas Attorney General.
Richardson's ordinance says,
"The building official or his agent shall enforce the provisions of this article upon presentation of proper identification to the occupant in charge of any rental unit and with the occupant's permission, may enter any unit between the hours of 8:00 a.m. and 6:00 p.m."
However, when our tenant said "no," the city pressured us as the landlord to let them in for the inspection, saying "Tenants don't have to be home." When we refused, the city got an administrative warrant, which requires little to no probable cause (i.e. Even if you or your landlord do nothing wrong, the city can still force its way into your house.) We got cited again and went to trial.
At least one landlord tried to evict her tenant for refusing an inspection! This is what these unreasonable ordinances do--pitting landlords against their tenants and forcing the landlords to violate tenants' rights.
Institute for Justice: "Does the Constitutional Apply to Renters?"
Renters’ rights are also protected under the 4th Amendment. These involuntary inspections have been challenged in courts throughout the country and in some cities, it has been ruled that involuntary inspections are "warrantless searches" and violate the 4th Amendment rights of tenants and sometimes property owners.
We always get our tenants' permission before entering the property. Some people NEVER want us to enter when they aren't home.
We never force ourselves into our rentals. What makes the city think it can enter against the occupant's will?
And inspectors get into every bedroom of yours, every kitchen and bathroom cabinet and behind every shower curtain!
(It's not like an apartment inspection which just checks fire alarms and sprinklers.)
If the city is truly concerned about the health and safety of renters, renters need to be informed and their cooperation in the program is a must.
You have the same rights as homeowners.
The Texas Property Code spells out tenants' rights and tenants are entitled to "quiet enjoyment."
'Your rights as a tenant include the right to "quiet enjoyment," as it is called in the law. This means the landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet,' as stated by the Texas Attorney General.
Richardson's ordinance says,
"The building official or his agent shall enforce the provisions of this article upon presentation of proper identification to the occupant in charge of any rental unit and with the occupant's permission, may enter any unit between the hours of 8:00 a.m. and 6:00 p.m."
However, when our tenant said "no," the city pressured us as the landlord to let them in for the inspection, saying "Tenants don't have to be home." When we refused, the city got an administrative warrant, which requires little to no probable cause (i.e. Even if you or your landlord do nothing wrong, the city can still force its way into your house.) We got cited again and went to trial.
At least one landlord tried to evict her tenant for refusing an inspection! This is what these unreasonable ordinances do--pitting landlords against their tenants and forcing the landlords to violate tenants' rights.
Institute for Justice: "Does the Constitutional Apply to Renters?"
Renters’ rights are also protected under the 4th Amendment. These involuntary inspections have been challenged in courts throughout the country and in some cities, it has been ruled that involuntary inspections are "warrantless searches" and violate the 4th Amendment rights of tenants and sometimes property owners.
We always get our tenants' permission before entering the property. Some people NEVER want us to enter when they aren't home.
We never force ourselves into our rentals. What makes the city think it can enter against the occupant's will?
And inspectors get into every bedroom of yours, every kitchen and bathroom cabinet and behind every shower curtain!
(It's not like an apartment inspection which just checks fire alarms and sprinklers.)
If the city is truly concerned about the health and safety of renters, renters need to be informed and their cooperation in the program is a must.
Who pays registration fees?
Some landlords pass the fees on to their tenants. It's the renters who will ultimately lose out by paying higher rents and having their rights violated.
