Military Veterans' Lawyer Blog
Locks
Section 92.153 of the Texas Property Code requires, with a few exceptions, a landlord to equip a residence, with a window latch on each exterior window, a doorknob lock or keyed dead bolt on each exterior door, sliding door pins for each exterior sliding door, a sliding door handle latch or security bar, and a this keyless bolting device and a door viewer an each exterior door.
Rekeying.
The landlord must rekey any security device within 7 days at the landlord’s expense, after the tenant’s turnover date. See §92.156.
Section 92.164 provides the tenant a remedy if the landlord fails to comply with Section 92.153 or 92.156(a) “regarding installation or rekeying of a security device.” These remedies provide the tenant the ability to deduct such “reasonable cost of material, labor, taxes, and extra keys from the tenant’s next rent payment, in accordance with Section 92.166”. Additional remedies a tenant may enforce are “unilaterally terminate the lease if the tenant serves a written request for compliance on the landlord, and the landlord subsequently fails to comply on the 3rd day after notice is given. Next, a tenant can sue the landlord to require the landlord comply. Be aware there is a possibility that the landlord may have up to 7 days to comply with a rekeying request. Understanding your rekeying request does not occur instantaneously may save you aggravation.
After the landlord’s initial rekeying, additional rekeying is at the tenant’s expense. Under §92.156(b) a tenant may request, and pay for, unlimited rekeying.
A partial list of remedies available to the tenant can be found under §92.164.
Landlord’s Defenses
A tenant may lose their rights to require the landlord to install the security devices if the tenant is delinquent in their rent. In Texas, pay the rent to retain your rights if the tenant is delinquent with their rent.