Texas Tenant Advisor

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The Texas Tenant Advisor is intended to provide general information regarding Texas residential tenancies only.

Unique facts can render some statements inapplicable to a given situation.

We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance.

This web site is a public service of the Texas Low Income Housing Information Service.

Watch video on locks

Devices to be installed

A landlord must install the following security devices:

* a window latch on each exterior window;
* a doorknob lock or keyed deadbolt on each exterior door;
* a sliding door pin lock on each exterior sliding glass door,
* a sliding door handle latch, or sliding door security bar on each exterior sliding glass door, and
* a keyless bolting device (that only can be locked and unlocked from the inside) and a door viewer on each exterior door.

For french doors, one of the doors must meet the criteria above, and the other door must have bolts which insert into the doorjamb above and below the door. Keyless deadbolts are not required for units reserved for the elderly or disabled if it is part of the landlord's responsibility to check on the well-being of the tenants, or the tenant requests that the landlord not install or deactivate the device. Also, keyed deadbolts or doorknob locks are not required on all exterior doors as long as one door has both keyed and keyless deadbolts and the rest of the doors have keyless deadbolts.

Broken locks

A landlord may not require a tenant to pay for repair or replacement of a lock or other security device if it breaks because of normal wear and tear. A landlord may require a tenant to pay for repair or replacement of a lock that was damaged by misuse of the tenant (or the tenant's family or guest), but only if authorized by an underlined provision in a written lease. Unless a landlord fails to timely install, change or re-key a lock after giving the appropriate notices and paying any required fee as described below, a tenant should not install, change or re-key a lock without the landlord's permission.

Landlord must re-key between tenancies

A landlord must re-key or change all the key-operated locks (or other combination locks) on the exterior doors between each tenancy at his expense. The landlord must re-key not later than the seventh day after you move in. You can also ask the landlord to re-key or change the locks repeatedly during the tenancy, but these changes will be at your expense.
Procedure and remedies for lock problems

The landlord must install, repair, or re-key devices within a reasonable period of time, usually within seven days of the request. In cases of violence occurring in the complex in the preceding two months, a break-in, or attempted break-in of your place, or a break-in or attempted break-in of another unit in your complex within the preceding two months, the reasonable period is shortened to three days. You must notify the landlord of the violence, break-in or attempted break-in for the shorter time period to apply. Give your notice and request for installation or repair in writing, and be sure to keep a copy of the notice. If you are responsible for paying the landlord for the installation, repair or modification of the locks, the landlord may require the charges to be paid in advance but only in very limited circumstances.

If the landlord fails to install, repair, or re-key locks by the deadlines described above, you should give a written notice to the landlord requesting compliance (in some circumstances, a landlord can be liable without this written notice, but the tenant has fewer remedies).

If the landlord fails to comply within seven days of the compliance notice (or three days if there has been foul play of the sort described above, or if the lease fails to disclose various tenant rights concerning security devices as described in this section), the tenant is allowed to do any one of the following: unilaterally terminate the lease; install/repair the security device and deduct the cost from the rent; or file suit for a court order requiring the landlord to bring all of his dwellings into compliance, and for actual damages, punitive damages, civil penalty of $500 and one month's rent, court costs, and attorney's fees.

(But, be aware that the landlord will likely not let you out of your lease or return you deposit without a fight. In fact, the landlord might put something on your credit report until you sue it and win. So, suing is often the best solution, rather than trying to terminate you lease.)

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