Find out what you don’t know about Security Devices….
Security Devices are a big deal now. Please click on the following links to learn about your obligations to provide a security device.
- Required Security
- Tenant’s Requests
- The Landlord’s Duty
- Selecting the Devices
- Charging the Tenant
- Sued by the Tenant
- Landlord Defenses
Landlords must comply with detailed provisions concerning security devices in residential housing. These provisions apply to (1) a room in a dormitory or rooming house; (2) a mobile home; (3) a single family house, duplex, or triplex; and (4) a living unit in an apartment, condominium, cooperative, or townhome projects. They do not apply to (1) a room in a hotel, motel, or inn or to similar transient housing; (2) residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency, or (3) residential housing operated by accredited preparatory schools. As of January 1, 1996, a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing is also excluded from the scope of the statute. However, the tenancy must be for a specific time, not to exceed 90 days.
Frequently Asked Questions
What types of residential rental properties must comply with Texas security device requirements?
Texas security device laws apply to rooms in dormitories or rooming houses, mobile homes, single-family houses, duplexes, triplexes, and living units in apartments, condominiums, cooperatives, and townhome projects. They do not apply to hotel or motel rooms, university-operated housing, or preparatory school housing.
What security devices are landlords required to provide?
Texas law requires specific security devices in residential rentals, including keyed deadbolt locks, door viewers (peepholes), and window latches, among others. The specific requirements depend on the type of unit and when it was built. See the sub-pages linked on this page for full details by device type.
Can a landlord charge a tenant for required security devices?
In some circumstances, yes, but the rules are specific about when and how charges are permitted. See the Charging the Tenant sub-page for details.
What can a tenant do if a landlord fails to provide required security devices?
A tenant can make a written request for the device. If the landlord fails to comply within a reasonable time, the tenant may have the right to terminate the lease, repair and deduct, or sue the landlord. The specific remedies depend on what was requested and how the landlord responded.
What defenses does a landlord have against a security device claim?
Texas law provides landlords with specific defenses, including that the tenant had already accepted the dwelling unit without the device, that the device was already in place, or that the condition resulted from the tenant's own actions. See the Landlord Defenses sub-page for the full list.
Are there exceptions to the security device requirements?
Yes. A temporary residential tenancy created by a contract for sale where the buyer occupies before closing or the seller occupies after closing is excluded from the statute, provided the tenancy is for a specific period not exceeding 90 days.