Required Security

These devices are required.  The Tenant does not have to request them....

[ Up ] [ Required Security ] [ Tenant's Requests ] [ The Landlord's Duty ] [ Selecting the Devices ] [ Sued by the Tenant ] [ Landlord Defenses ]

Generally, a landlord has the duty to equip residential rental  dwellings  with the following items, even in the absence of a tenant request :

• A window latch on each exterior window of the  dwelling.

• A doorknob lock or keyed dead bolt on each exterior  door.

• A sliding door pin lock on each exterior sliding glass  door of  the dwelling.

• A sliding door handle latch or a sliding door security  bar on  each exterior sliding glass door of the dwelling.

• A keyless bolting device and a door viewer on each  exterior door  of the dwelling.

Before January 1, 1996, the landlord was required to supply  the window  latch and lock or dead bolt identified in items one and two.  Additionally,  the landlord had to supply (1) a sliding door pin lock, a  sliding door handle  latch, or a sliding door security bar on each exterior sliding glass door of  the dwelling (if construction of the dwelling was  completed before September 1, 1993, and the calendar date was before January 1, 1995); (2) a sliding  door pin lock and a sliding door handle latch or a  sliding door security bar  on each exterior sliding glass door of the dwelling  (if construction of the  dwelling was completed on or after September 1, 1993,  or the calendar date  was January 1, 1995, or later); (3) a keyless bolting  device and a door  viewer on each exterior door of the dwelling (if initial  construction of the  dwelling was completed on or after September 1, 1993); and  (4) a keyless  bolting device and a door viewer on each exterior door of the  dwelling (if  the calendar date was January 1, 1995, or later) [former Prop. C.  § 92.153(a)].

In the case of French doors, special requirements apply. One  door must  meet the normal standards, and the other must have (1) a keyed dead  bolt or  keyless bolting device capable of insertion into the doorjamb above  the door,  and a keyless bolting device capable of insertion into the floor or  threshold, each with a bolt having a throw of one inch or more; or (2) a bolt  installed inside the door and operated from the edge of the door, capable of  insertion into the doorjamb above the door, and another bolt installed inside  the door and operated from the edge of the door capable of insertion into the  floor or threshold, each bolt having a throw of three-fourths inch or more. he foregoing requirements apply only when a tenant is in  possession of  a dwelling.

The devices must be installed at the landlord's  expense.  While  a  security device required by Texas Property Code Section 92.153 must be operable throughout the  time a tenant is in possession of a dwelling, a landlord may deactivate or  remove the locking mechanism of a doorknob lock or remove any device not qualifying as a keyless bolting device if a keyed dead bolt has been installed on the same door.

There are situations in which the landlord is not required to  install  certain security devices at the landlord's expense. First, the  landlord need  not install a keyless bolting device on an exterior door if (1)  the dwelling  is part of a multiunit complex in which the majority of dwelling units are  leased to tenants who are over 55 years of age or who have a  physical or mental disability; (2) the tenant or occupant in the dwelling is  over 55 years of age or has a physical or mental disability; and (3) the  landlord is  expressly required or permitted to check periodically on the  well-being or  health of the tenant as part of a written lease or other written agreement. Second,  a keyless  bolting device need not be installed at the landlord's expense if a  tenant or  occupant in the dwelling is over 55 years of age or has a physical  or mental  disability, and certain requirements are met. The tenant must  request, in  writing, that the landlord deactivate or not install the keyless  bolting  device, certifying the tenant's age or disability. The request must be  a separate document and may not be included as part of a lease agreement. A  landlord is not exempt if the landlord knows or has reason to know that the  requirements of this exemption are not fulfilled. Third, the landlord is not required to install a keyed dead bolt or doorknob lock on an exterior door if, at the time the  tenant agrees to lease the dwelling, (1) at least one exterior door usable for normal entry into the dwelling has both a proper keyed dead bolt and a  keyless  bolting device; and (2) all other exterior doors have an approved  keyless  bolting device. 

A security device operated by a key, card, or combination must  be  rekeyed by the landlord at the landlord's expense not later than the  seventh  day after each tenant turnover date. A landlord must perform  additional  rekeying or change a security device at the tenant's expense, if  requested to  do so. A tenant may make an unlimited number of requests. The  expense of rekeying security devices for purposes of the use or change of the  landlord's  master key must be paid by the landlord. Locks on closet doors or  other  interior doors are not governed by these rules.

[ Up ] [ Required Security ] [ Tenant's Requests ] [ The Landlord's Duty ] [ Selecting the Devices ] [ Sued by the Tenant ] [ Landlord Defenses ]

Email:  Darrell W. Cook

Ask Your Legal Question Here