How to handle the Tenant’s request for additional security devices…
The tenant is entitled to make certain requests, described below. Generally an oral request is sufficient, unless the tenant has a written lease that requires the request or notice to be in writing. Such a provision must be underlined or in boldfaced print to be effective.
A tenant who makes a request authorized by statute is entitled to have the landlord take the requested action, but only at the tenant’s expense. If properly requested to do so, a landlord must install (1) a keyed dead bolt on an exterior door if the door has a doorknob lock but not a keyed dead bolt or if the door has a keyless bolting device but not a keyed dead bolt or doorknob lock; and (2) a sliding door pin lock or sliding door security bar if the door is an exterior sliding glass door without a sliding door pin lock or sliding door security bar. In the case of a tenant’s request made before January 1, 1995, in regard to the exterior door of a dwelling constructed before September 1, 1993, the landlord must install (1) a keyless bolting device if the door does not have a keyless bolting device; and (2) a door viewer if the door does not have a door viewer.
If the landlord has failed to install devices that he or she is obligated to install without waiting for a tenant request, the tenant may demand immediate compliance with the statute. Additionally, during the lease term and any renewal period, a landlord must repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement.
- 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 tenant request a security device that is not already installed?
Yes. Texas law allows a tenant to request certain security devices in addition to those that are statutorily required. The landlord's obligation to respond depends on whether the device falls within the category of required devices or requested add-ons, and whether the lease addresses the issue.
How must a tenant make a request for a security device?
A tenant's request for a security device must be in writing. An oral request generally does not trigger the landlord's legal obligation to respond within the statutory timeframe. Tenants should keep a copy of any written request they submit.
How long does a landlord have to respond to a written security device request?
The landlord must respond within a reasonable time. What constitutes a reasonable time depends on the circumstances but is generally interpreted as a matter of days to a few weeks for most device installations, not months.
Can a landlord charge the tenant for a requested security device?
In some cases, yes. Whether and how much the landlord can charge depends on whether the device is statutorily required or a voluntary add-on requested by the tenant, and on the terms of the lease. See the Charging the Tenant sub-page for more detail.
What if a landlord ignores a tenant's written request for a security device?
If the landlord fails to comply within a reasonable time after a written request, the tenant may have the right to terminate the lease, repair and deduct the reasonable cost of installation from rent, or file suit for actual damages and civil penalties.
Should a landlord respond to a tenant's security device request in writing?
Yes. Written responses, whether to approve, deny, or acknowledge a timeline for installation, protect the landlord by creating a documented record. A landlord who does not respond at all is in a weaker position than one who responds promptly in writing.