Some thoughts about your duty when the Tenant makes a Security Device Request…
A landlord must comply with tenant requests within a reasonable time. Different time periods are presumed reasonable in particular cases. First, a landlord’s compliance with a tenant’s request for rekeying, changing, installing, repairing, or replacing a security device is presumed reasonable if it occurs no later than the seventh day after the date the request is received by the landlord. Second, when the landlord is entitled to payment in advance, the landlord’s compliance with a tenant’s request is presumed reasonable if it occurs no later than the seventh day after the payment is made.
The presumption that the time period is a reasonable one may be rebutted by the landlord. The rebuttal may be made by showing that, despite the landlord’s diligence, (1) the landlord did not know of the tenant’s request, without the fault of the landlord; (2) materials, labor, or utilities were unavailable; or (3) a delay was caused by circumstances beyond the landlord’s control, including the illness or death of the landlord or a member of the landlord’s immediate family.
In certain urgent circumstances a speedy response is required, notwithstanding other statutory provisions. A landlord must comply with the request no later than 72 hours after the time of receipt of the tenant’s request and any required advance payment if, at the time of the request, the tenant informs the landlord of the following:
- An unauthorized entry occurred or was attempted in the tenant’s dwelling.
- An unauthorized entry occurred or was attempted in another unit in the tenant’s multiunit complex during the two months preceding the date of the request
- A crime of personal violence occurred in the multiunit complex during the two months preceding the date of the request.
These rules do not apply to a landlord’s duty to install or rekey, without necessity of a tenant’s request, a security device.
- Required Security
- Tenant’s Requests
- The Landlord’s Duty
- Selecting the Devices
- Charging the Tenant
- Sued by the Tenant
- Landlord Defenses
Frequently Asked Questions
What is a Texas landlord's basic duty regarding security devices?
Texas landlords must install and maintain security devices in residential rental properties as required by the Texas Property Code. This duty exists whether or not the tenant requests the devices and whether or not the lease addresses the issue.
Does the landlord's duty to provide security devices exist even if the lease is silent on the topic?
Yes. The statutory duty to provide required security devices applies regardless of what the lease says. Lease provisions that attempt to waive the tenant's rights regarding security devices are void under Texas law.
What triggers the landlord's duty to repair a security device?
The duty to repair is triggered when the tenant gives the landlord written notice that a required security device is missing, damaged, or not functioning properly. Once written notice is received, the landlord must repair or replace the device within a reasonable time.
Can a landlord be held liable for criminal acts against a tenant that a working security device might have prevented?
This is a complex area of law. The relationship between a landlord's failure to provide or maintain security devices and liability for criminal acts against tenants is fact-specific and has been addressed in Texas case law. If you are facing a claim in this area, contact Cook Keith & Davis immediately.
What is the penalty for a landlord who knowingly violates the security device statutes?
A landlord who knowingly violates the security device requirements can be liable for the tenant's actual damages, a civil penalty of one month's rent plus $500, and the tenant's reasonable attorney's fees.
Is a landlord's duty to maintain security devices ongoing throughout the tenancy?
Yes. The duty does not end at move-in. If a required device breaks or becomes non-functional during the tenancy, the landlord must repair or replace it within a reasonable time after receiving written notice from the tenant.