The Law even addresses what you can charge for requested security devices….
A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Nor may a landlord require a tenant to pay for other repairs or replacements of a security device except in two circumstances. First, a landlord may require payment by the tenant if (1) an underlined provision in a written lease authorizes the landlord to do so; and (2) the repair or replacement is necessitated by misuse or damage by the tenant, a member of the tenant’s family, an occupant, or a guest, and not by normal wear and tear. Misuse of or damage to a security device that occurs during the tenant’s occupancy is presumed to be caused by the tenant, a family member, an occupant, or a guest. The tenant has the burden of proving that the misuse or damage was caused by another party. Second, a landlord may require a tenant to pay in advance charges for which the tenant is liable under the statute if a written lease authorizes the landlord to require advance payment, and other statutory requirements are met. Advance payment is authorized if (1) the landlord notifies the tenant within a reasonable time after the tenant’s request that advance payment is required; and (2) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled; or (3) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant’s request, and the landlord complied with the request.
A landlord authorized to charge a tenant may not require the tenant to pay more than the total cost charged by a third-party contractor for material, labor, taxes, and extra keys. If the landlord’s employees perform the work, the charge may include a reasonable amount for overhead but may not include a profit to the landlord. However, if management company employees perform the work, the charge may include reasonable overhead and profit, but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner’s request and expense. The owner of a dwelling must reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with the subchapter. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner’s funds in its possession or control.
- Required Security
- Tenant’s Requests
- The Landlord’s Duty
- Selecting the Devices
- Charging the Tenant
- Sued by the Tenant
- Landlord Defenses
Frequently Asked Questions
Can a Texas landlord charge a tenant for installing required security devices?
For statutorily required devices, the landlord generally cannot charge the tenant for initial installation unless the lease specifically provides for it. For security devices installed at the tenant's request above and beyond what is required, the landlord and tenant may agree on cost allocation.
Can a landlord require a deposit for security device keys or access cards?
Texas law allows landlords to collect a key deposit for certain devices under specific conditions. The terms and any deposit amount must be clearly stated in the lease.
What if the tenant damages a security device?
If a tenant intentionally damages, removes, or misuses a security device, the landlord may charge the tenant for the reasonable cost of repair or replacement. This should be documented thoroughly and handled through the proper deposit deduction or collection process at move-out.
Can a landlord charge the tenant for re-keying locks when they move out?
Yes, in most cases. Re-keying or replacing locks between tenancies is a legitimate expense that can typically be charged to the prior tenant. Whether it can be deducted from the security deposit depends on the lease terms and the condition of the locks at move-out.
What should a lease say about security device charges?
A well-drafted lease should clearly address what devices will be provided, whether any key deposits are required, who is responsible for maintenance and repair costs, and what charges apply if the tenant damages or misuses a device. Addressing these issues in writing before the tenancy begins prevents most disputes.
Can a landlord charge a monthly fee for security device access?
This depends on the type of device and the lease terms. For example, a keypad or smart lock system may have associated costs that a landlord can pass through to the tenant if the lease provides for it. Any recurring charges should be clearly specified in the lease before the tenant signs.