• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have to give tenant access to basement in case of a tornado?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tornado86

Member
What is the name of your state? Texas


This is sort of a weird question. We’ve never been a landlord before though so I’m not sure about it. We have a family that lives in the guest house on my property. We’ve been spending more and more time out of state. They’ve asked us about having access to our basement in case we’re not here if/when there’s a tornado warning. We get warnings, but haven’t had any serious ones hit us.

To be honest we feel weird about giving them access because we keep things in our basement that we wouldn’t want people to have access to. Especially without us there. That’s why we keep it locked down.
 


quincy

Senior Member
What is the name of your state? Texas


This is sort of a weird question. We’ve never been a landlord before though so I’m not sure about it. We have a family that lives in the guest house on my property. We’ve been spending more and more time out of state. They’ve asked us about having access to our basement in case we’re not here if/when there’s a tornado warning. We get warnings, but haven’t had any serious ones hit us.

To be honest we feel weird about giving them access because we keep things in our basement that we wouldn’t want people to have access to. Especially without us there. That’s why we keep it locked down.
So … you would rather keep your things safe during a tornado than the family living in a rental on your property?

I can understand your reluctance to give access to your home to this family while you are away. But I would like to think that you could come up with some sort of a plan to keep your stuff safe from potentially thieving hands while still recognizing the need for this family to have a safe shelter during tornado weather. Can you lock your private personal stuff up in a closet perhaps?

To answer your question, though: You have no obligation as a landlord to open up your own house to tenants.
 

Tornado86

Member
So … you would rather keep your things safe during a tornado than the family living in a rental on your property?

I can understand your reluctance to give access to your home to this family while you are away. But I would like to think that you could come up with some sort of a plan to keep your stuff safe from potentially thieving hands while still recognizing the need for this family to have a safe shelter during tornado weather. Can you lock your private personal stuff up in a closet perhaps?

To answer your question, though: You have no obligation as a landlord to open up your own house to tenants.

A closet wouldn’t work.
 

quincy

Senior Member
A closet wouldn’t work.
Okay. Well … you don’t have to provide your tenants with a safe place to shelter during a tornado. You might, however, tell them which window you don’t mind having smashed so they can gain entry to your home in an emergency (like a tornado).
 

Tornado86

Member
Okay. Well … you don’t have to provide your tenants with a safe place to shelter during a tornado. You might, however, tell them which window you don’t mind having smashed so they can gain entry to your home in an emergency (like a tornado).
That’s a good point. What would be the legal ramifications for them for breaking if they’re inform beforehand that the basement isn’t accessible? I’m confident they wouldn’t be able to get into the basement without the code.
 

quincy

Senior Member
That’s a good point. What would be the legal ramifications for them for breaking if they’re inform beforehand that the basement isn’t accessible? I’m confident they wouldn’t be able to get into the basement without the code.
Your house might be rubble after a tornado but, if your house and the family survive, I doubt they would be charged with breaking a window if doing so was to avoid possible death.

If a tornado avoids flattening your area and the tenants damage your home to seek sturdier shelter, you could file a police report (breaking and entering) and file a claim with your insurer and/or sue to recover your losses.

I hope your tenant-family finds a more pleasant place to live in the near future.
 

quincy

Senior Member
I've always operated on the thought that if someone is so desperate as to break into my home/car/whatever? They need whatever they find more than I do. And yes, that includes valuable heirlooms.
Have you ever seen the Steve Martin movie The Jerk? One of my favorite movies.

I don’t know why I thought of it … :unsure:
 

Tornado86

Member
Your house might be rubble after a tornado but, if your house and the family survive, I doubt they would be charged with breaking a window if doing so was to avoid possible death.

If a tornado avoids flattening your area and the tenants damage your home to seek sturdier shelter, you could file a police report (breaking and entering) and file a claim with your insurer and/or sue to recover your losses.

I hope your tenant-family finds a more pleasant place to live in the near future.
It does kind of seem like it might be easier to give these tenants notice and keep us having a basement a secret from future tenants.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top