What can a tenant do if you refuse their security device request?
If a landlord does not comply with the duty to install or rekey a security device, the tenant has several remedies. First, the tenant may install or rekey the security device, in compliance with statutory standards, and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant’s next rent payment. To exercise this right, the tenant must notify the landlord of the rent deduction after the landlord’s failure to comply with the statutory obligations. The notice must be given at the time of the reduced rent payment. Unless otherwise provided in a written lease, a tenant must provide one duplicate of the key to any key-operated security device to a landlord who requests a key in writing.
Second, the tenant may serve a written request for compliance on the landlord. Unless the landlord complies on or before the third day after the date the notice is received, the tenant may unilaterally terminate the lease without court proceedings. However, the period in which a landlord must comply to avoid unilateral termination is extended to seven days after the request if the lease includes certain notices, in language which is underlined or in boldface print. Regardless of whether the lease contains language complying with the foregoing requirements, the additional time for landlord compliance allowed by Section 92.161(b) does not apply if, at the time the tenant served the request, the tenant informed the landlord of specified urgent circumstances relating to unauthorized entries, or crimes in the tenant’s dwelling or apartment complex.
A tenant also is entitled to file suit against the landlord without serving a request for compliance. In this case, the tenant may obtain a judgment granting the following relief: (1) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (2) the tenant’s actual damages; (3) court costs; and (4) attorney’s fees, except in suits for recovery of property damages, personal injuries, or wrongful death
Alternatively, the tenant may choose to serve a written request for compliance on the landlord before bringing suit. If the landlord does not comply on or before the third day after the date the notice is received, and the tenant files suit, additional remedies, which may include punitive damages and a civil penalty, will be available. The tenant may obtain a judgment granting (1) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling; (2) the tenant’s actual damages; (3) punitive damages if the tenant suffers actual damages; (4) a civil penalty of one month’s rent plus $500; (4) court costs; and (6) attorney’s fees, except in suits for recovery of property damages, personal injuries, or wrongful death. This set of remedies is available if the landlord deactivates or fails to install a keyless bolting device, on the basis of a claimed exemption that the landlord knows or has reason to know is not available.
If a landlord does not comply with a tenant’s request regarding rekeying, changing, adding, repairing, or replacing a security device under Sections 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may install, repair, change, replace, or rekey the security devices and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant’s next rent. In exercising this remedy, the tenant must comply with the obligation to give notice of the rent deduction at the time of the reduced rent payment, and to provide a duplicate key on request. The tenant also may unilaterally terminate the lease without court proceedings. Additionally, he or she may file suit against the landlord. In such a suit, the tenant may obtain (1) a court order directing the landlord to comply, if the tenant is in possession of the dwelling; (2) the tenant’s actual damages; (3) punitive damages if the tenant suffers actual damages and the landlord’s failure to comply is intentional, malicious, or grossly negligent; (4) a civil penalty of one month’s rent plus $500; (5) court costs; and (6) attorney’s fees, except in suits for recovery of property damages, personal injuries, or wrongful death.
The tenant may unilaterally terminate the lease or exercise other remedies under Sections 92.164 and 92.165 after receiving written notice from a management company that the owner of the dwelling has not provided or will not provide funds to repair, install, change, replace, or rekey a security device as required by law.
- 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 can a tenant sue a landlord for regarding security devices?
A tenant who suffers damages as a result of a landlord's failure to provide or maintain required security devices may sue for actual damages. A tenant can also seek statutory remedies including termination of the lease, repair-and-deduct, and civil penalties for knowing violations.
What civil penalties apply when a landlord knowingly violates the security device statutes?
A landlord who knowingly violates the security device requirements can be liable for the tenant's actual damages, one month's rent plus $500 as a civil penalty, and the tenant's reasonable attorney's fees.
Does the landlord have to have intentionally violated the law for the civil penalty to apply?
The enhanced civil penalty requires that the landlord acted knowingly. However, ignorance of the law is generally not a defense in Texas, and a landlord who received written notice of a problem and failed to respond will have difficulty arguing they did not know about it.
What should a landlord do upon receiving a demand letter from a tenant about security devices?
Take the demand seriously and contact an attorney immediately. Do not ignore it, do not make admissions, and do not promise repairs without first understanding your legal exposure. The response you give, or fail to give, can significantly affect your liability.
Can a landlord settle a security device dispute without going to court?
Yes, and in many cases settlement is the most cost-effective outcome. Contact Cook Keith & Davis to evaluate your position and, if appropriate, to negotiate a resolution before litigation begins.
Does a tenant have to give the landlord notice before filing suit over a security device?
Generally, yes. A tenant must give the landlord a written request and a reasonable time to comply before pursuing certain remedies. A tenant who jumps straight to litigation without providing proper notice may face procedural hurdles. However, landlords should not rely on this as a reason to delay responding to complaints.
What is the best way for a landlord to avoid being sued over security devices?
Install all required devices before a new tenant moves in, document their condition at move-in, respond to every written tenant request promptly and in writing, and keep records of all repairs and replacements. Landlords with good documentation are in a significantly stronger position if a claim arises.