Know your rights when it comes to choosing the Security Devices to be installed…
Except as otherwise required by the statute, a landlord may select the type, brand, and manner of installation, including placement, of a security device. However, this provision does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1). Detailed provisions govern the height at which various bolting or locking devices may be installed.
A security device that is installed, changed, or rekeyed in accordance with the Code becomes a fixture of the dwelling. Except as allowed by the right to repair and deduct, a tenant may not remove, change, rekey, replace, or alter a security device or have it removed, changed, rekeyed, replaced, or altered without permission of the landlord.
- Required Security
- Tenant’s Requests
- The Landlord’s Duty
- Selecting the Devices
- Charging the Tenant
- Sued by the Tenant
- Landlord Defenses
Frequently Asked Questions
Does Texas law specify which brands or models of security devices landlords must install?
Texas law specifies functional and quality standards rather than specific brands. Devices must meet the standards described in the Texas Property Code. For example, deadbolt locks must meet specific specifications regarding bolt throw and construction. Any device that meets those standards is acceptable.
What type of deadbolt lock does Texas law require?
Texas law requires a door lock that is operated with a key from the outside and a thumb-turn or key from the inside. The bolt must throw at least one inch. The specific requirements are set out in the Texas Property Code and should be verified against the current version of the statute before purchasing hardware.
Are sliding glass doors subject to security device requirements?
Yes. Sliding glass doors in residential units must be equipped with a pin lock or security bar as specified by Texas law.
Who selects the specific security device when a tenant requests an upgrade or addition?
The landlord selects and installs the device. The tenant does not have the right to demand a specific brand or model, only a device that meets the applicable legal standard.
What if a landlord installs a device that does not meet the legal standard?
A non-compliant device does not satisfy the landlord's legal duty. The landlord remains exposed to liability for failure to provide the required security, even if something was physically installed. If you are unsure whether your existing devices meet the standard, contact us before a tenant raises the issue.
Can a tenant install their own security device without the landlord's permission?
A tenant may install certain security devices without the landlord's permission under specific circumstances defined in the Texas Property Code, but the tenant generally cannot damage the door or frame in doing so, and the landlord may require removal at the end of the lease.