Texas Letter - Warning To Renter Regarding Disruptive Guests
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FAQ
The right to "quiet enjoyment" of your home. This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants.
Can my landlord stop me from having guests? No. You have the right to decide who you want to invite into your home, just as homeowners do. If your landlord tries to control who can visit you, this could be considered harassment.
A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties.
A landlord generally cannot limit visitors as long as they do not disturb other residents or violate some other provision of the lease. You should use common sense concerning your visitors.
When a seller gives a deed to the land to another party, the seller no longer has control over the property. The covenant of quiet enjoyment, when contained in a deed to real estate, warrants that the title to the land is clear, meaning that it has no encumbrances, or claims against it by other persons.
Right of Quite EnjoymentThe "non-disturbance" part of the agreement, which is also referred to as a "right of quiet enjoyment," is exactly as indicated by its name.
Take time to make the letter look official.Include a company or personal letterhead. If you do not have a letter head create one that includes your name, address and contact information such as phone number and email.Include the date in the top left corner.Include the tenant's name and address below the date.
In property law, the covenant of quiet enjoyment is an implied term in every lease that the tenant shall have quiet and peaceful possession of the leased premises against the lessor. The covenant ensures that the landlord is bound to refrain from action which interrupts the tenant's beneficial enjoyment.
Any guest residing at the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. This person must be added to the lease agreement. Landlord may increase the rent any time a new tenant is added to the lease.
Landlords cannot unreasonably prohibit guests from entering the rental property or charge a fee for having guests over. However, you can put specific terms in your lease that relate to tenants' guests and their rights.
