Philip W. Boyko Landlord and Tenant Law Blog on Lawyers.com

I receive a lot of landlord/tenant questions from clients, but mostly from prospective clients calling for the first time. One question I don't often get concerns the obligation of the landlord in Texas with regard to the residential tenant's safety in the leased premises. Specifically, window latches and doorknob keys on the exterior doors and windows to the premises. The tenant should know that the landlord operating in Texas has statutory duties in this area.

The law concerning residential tenancies in Texas is found in Chapter 92 of the Texas Property Code (all hereinafter section references are to that Chapter). Subchapter D contains the statutory provisions concerning "Security Devices." Section 92.153 provides for the installation of certain security devices without necessity of the tenant's request. Those devices include:

• a window latch on each exterior window;
• a doorknob lock or keyed dead bolt on each exterior door;
• a sliding door pin lock on each exterior sliding glass door;
• a sliding door handle latch or a sliding door security bar on each exterior sliding glass door; and
• a keyless bolting device and a door viewer on each exterior door.

The required security devices must be operable throughout the time a tenant is in possession of the premises.  If not, Section 92.158 requires the landlord to repair or replace on request or notification from the tenant. A tenant should give notice to the landlord in writing and retain a copy of the notice and evidence of the method by which it was delivered to the landlord.

With certain limited exceptions, any of the aforementioned security devices must be installed at the landlord's expense. The landlord cannot require the tenant to pay for repair or replacement of a security device if it breaks during the term of the lease because of normal wear and tear.  And further, even if the tenant's misuse caused the damage to the security device, the landlord cannot force the tenant to pay for repair or replacement, unless authorized by an underlined provision in a written lease agreement.

Section 92.156 provides that if another tenant previously occupied the premises you have agreed to lease, the landlord must rekey or change, at his expense, all the key operated locks (or other combination locks) on the exterior doors, and in no event later than the seventh day after you move into the premises. Section 92.157 allows the tenant to ask the landlord to rekey or change the locks repeatedly during the tenancy, but those changes will be at the sole expense of the tenant.

The Texas Property Code has some teeth in this area.  A tenant may do any of the following if there is a violation of these statutory provisions by the landlord and a failure to correct the situation after receipt of notice from the tenant:

• unilaterally terminate the lease;
• install/repair the security device at his own expense and deduct the cost from the rent;or
• file suit for a court order requiring the landlord to bring the premises into compliance and for actual damages, punitive damages, a civil penalty of $500 and one month's rent, court costs, and attorney's fees.

Section 92.164. These remedies may not be available to the tenant if the tenant is delinquent in the payment of rent or costs to the landlord on the date the tenant gives notice to the landlord of a security device problem. Section 92.1641. This is a fairly standard defense by the landlord with respect to almost any complaint by a tenant - thus the need by the tenant to KEEP THE RENT CURRENT while you are having your dispute with the landlord!

A good thing to remember (especially if you are a tenant about to lease an apartment) is to ask the landlord if he has rekeyed all the locks on the exterior doors.  You might want the landlord to confirm that fact in writing. I hazard a guess that few tenants ever ask this question, simply assuming that it has been done. Bad assumption.

And now for the "Disclaimer" (you thought there wouldn't be one?): Nothing in this post should be considered legal advice. Let's face it, chances are good that you don't know me and I don't know you. My aim is simple - to provide the reader with some useful, but general, information about the topic. Do not rely on any information in this post without some assurance that the material is still current and applicable at the time it is read. If you want a legal opinion that has teeth, consult your personal lawyer about your particular circumstances. If you don't have a lawyer and you like what you see here, perhaps you should contact my law office to determine if I might be a good fit for you. To do so, simply click on my name above and you will be directed to my web site, or you can reach me by telephone at (713) 626-2221. (messages left during non-business hours will be returned no later than the next business day). When responding, please let me know you viewed this Blog No. 48.