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.

Security guards, lighting, fencing and ways to get them

There is nothing in the law that specifically requires landlords to hire security guards, or as some call them "courtesy patrol officers." If you do not see these folks patroling when they should be, notify the landlord because the landlord typically hires these services independently. These services are very expensive say the landlords, so they are not usually provided.

There are other ways to deter crime in your complex:
1. Better brighter lighting;
2. Fencing around the perimeter (rod iron, something criminals cannot hide behind);
3. Controlled access to the complex;
4. Better screening of tenant applicants;
5. Curfew on children under 18;
6. Security cameras with video taping.

Your local police department can probably provide other suggestions to help deter crime that are specific to your complex.

If an apartment complex has significant problems with crime you should notify the landlord in writing. You also should contact the local police department and your city council person. You might be able to get a crime watch started in your neighborhood. Typically, the neighborhood around a problem apartment complex will want to help you too (of course, most neighborhoods want to get rid of apartment complexes all together). But you should be able to obtain some assistance from these folks to try to get a handle on the crime. Neighborhood groups can help put pressure on city officials and the police to patrol your complex more often. You should also consider contact other government officials and the media.

If you can gain enough interest in your complex you could form a tenant association. A tenant association does not have to be formal; it can be just a group of residents that is interested in cleaning up a problem with their apartment complex. If all else fails, you could try suing the landlord because the crime. If a judge finds that the crime is so bad that the complex is a nuisance, the judge could specifically order the landlord to hire security guards, and install lighting, fencing and other devices to address the crime.

Getting out of the lease because of crime

The Texas Apartment Association (TAA) says: If a crime occurs at a property, it's unfortunate for all concerned: the victim, the other residents at the property and the owner. Most owners don't give any guarantees about the security of the property, or promise you that crimes will not occur on the property. So the owner is not likely to be in default of the lease if a crime does occur on the property. You can certainly discuss the specific situation with the owner or management to see if they are willing to accommodate your request. A landlord might be responsible if the landlord knew or should have known that that kind of crime was likely to occur and there was something it could have done to prevent or deter it. But, if they will not agree to let you out of your lease you will likely be responsible for any penalties outlined in your lease for moving out early. See Terminating the Lease.

Who pays for losses

If you have renters insurance, your insurance should cover your losses, minus any deductible. If you don't have insurance, you'll be responsible for replacing or repairing your property. The property owner's insurance does not cover property belonging to residents; it only covers the property owner's property.

If you suffered losses and can show that the landlord did not do something they should have, then you could try to get something from the landlord. Talk to your landlord first, and then consider filing suit if the landlord will not be reasonable. Keep in mind that crime does occur everywhere, but it occurs some places more than others. If the landlord knew or should have known how to prevent or deter the crime that harmed you, then you may have a case. (Of course, if they violated any of the laws concerning security devices discussed here, and this caused you harm, then you definitely have a case.)