I don’t feel like my apartment is very safe. I’ve asked the property manager to put in more security measures, but so far nothing has happened. Isn’t my landlord required to make my apartment safe?
It depends. Under Texas law, a landlord is required to provide certain safety features for a residential rental property. Some of these safety features include window latches on each exterior window, a doorknob lock or dead bolt on each exterior door, and a sliding-door pinlock, handle latch, or security bar for exterior sliding glass doors. Texas law also requires a landlord to re-key or change all the key-operated locks on the exterior doors between each tenancy. These safety features must be provided at the landlord’s expense even if the tenant never requests them.
In addition, Texas law allows tenants to specifically request some additional security features, like a keyed dead bolt on an exterior door and a door viewer (i.e.: a peephole). As a general rule, these requests will also be at the tenant’s expense. For example, a tenant may make an unlimited number of requests to change the locks, but these additional changes would be at the tenant’s expense. A landlord must comply with these requests within a reasonable time, which is normally considered to be seven days. However, the landlord’s reasonable time to comply is only three days if there has been a break-in at the tenant’s apartment or in another unit in the same complex.
If the landlord fails to install one of the security devices required by law, the tenant is allowed to do any of the following: terminate the lease, install or repair the security device and deduct the cost from the rent, or file a lawsuit against the landlord seeking a court order compelling the landlord to comply and seeking actual damages (among other things).
Keep in mind that the laws addressing the security obligations of a landlord are detailed. This column highlights only some of the basic rules and requirements. Read the Texas Property Code, Chapter 92, subchapter D (www.housing-rights.org/subject_index.html ) for complete information, and be sure to talk with a licensed attorney if you have additional questions.
This article appears in September 24 • 2004.