Charging the Tenant

The Law even addresses what you can charge for requested security devices….

A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. Nor may a landlord require a  tenant to pay for other repairs or replacements of a  security device except in two circumstances. First, a landlord may require payment by the tenant if  (1) an underlined provision in a written lease authorizes the landlord to do so; and (2) the repair or replacement is  necessitated by misuse or damage by the tenant, a member of the tenant’s family, an occupant, or a guest, and not by normal wear and tear. Misuse of or damage to a security device that occurs during the tenant’s occupancy is presumed to be caused by the tenant, a  family member, an occupant, or a guest. The tenant has the burden of proving that the misuse or damage was caused by another party. Second, a landlord may require a tenant to pay in advance charges for which the tenant is liable under the statute if  a written lease authorizes the landlord to require advance payment, and other  statutory requirements are met. Advance payment is authorized if (1) the  landlord notifies the tenant within a  reasonable time after the tenant’s request that advance payment is required; and (2) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled; or (3) the tenant requested that the landlord repair, install, change, or rekey the same security device during the 30 days preceding the tenant’s request, and the landlord complied with the request.

A landlord authorized to charge a tenant may not require the tenant to pay more than the total cost charged by a third-party contractor for  material, labor, taxes, and extra keys. If the landlord’s employees perform  the work, the charge may include a reasonable amount for overhead but may not  include a profit to the landlord. However, if management company employees perform the work, the charge may include reasonable overhead and profit, but may not exceed the cost charged to the owner by the management company for comparable security devices installed by management company employees at the owner’s request and expense. The owner of a dwelling must reimburse a  management company, managing agent, or on-site manager for costs expended by that person in complying with the subchapter. A management company, managing agent, or on-site manager may reimburse itself for the costs from the owner’s funds in its possession or control.

• Required Security
• Tenant’s Requests
• The Landlord’s Duty
• Selecting the Devices
• Charging the Tenant
• Sued by the Tenant
• Landlord Defenses