Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.162
PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED.
Operative Text
Sec. 92.162. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. (a) A landlord may not require a tenant to pay for repair or replacement of a security device due to normal wear and tear. A landlord may not require a tenant to pay for other repairs or replacements of a security device except as provided by Subsections (b), (c), and (d).(b) A landlord may require a tenant to pay for repair or replacement of a security device if an underlined provision in a written lease authorizes the landlord to do so and 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.(c) A landlord may require a tenant to pay in advance charges for which the tenant is liable under this subchapter if a written lease authorizes the landlord to require advance payment, and the landlord notifies the tenant within a reasonable time after the tenant's request that advance payment is required, and:(1) the tenant is more than 30 days delinquent in reimbursing the landlord for charges to which the landlord is entitled under Subsection (b); or(2) 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.(d) A landlord authorized by this subchapter to charge a tenant for repairing, installing, changing, or rekeying a security device under this subchapter 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. 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.(e) The owner of a dwelling shall reimburse a management company, managing agent, or on-site manager for costs expended by that person in complying with this 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. Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Texas Property Code § 92.162 governs who pays for security device repairs or replacements in a rental dwelling. A landlord cannot charge a tenant for costs arising from normal wear and tear, but may charge for damage or misuse caused by the tenant, household members, occupants, or guests—provided a written lease explicitly authorizes such charges in underlined text. The law also caps the amount a landlord can charge, tying it to actual third-party contractor costs or, when in-house staff perform the work, limiting any markup to reasonable overhead without adding profit for the landlord.
Plain English — not legal advice.
Under § 92.162, compliant operators ensure that any lease provision authorizing tenant charges for security device repair or replacement is presented in underlined text within the written lease agreement. When calculating charges, landlords generally document actual third-party contractor invoices covering materials, labor, taxes, and extra keys, or—if using in-house staff—limit the charge to reasonable overhead without adding a profit margin. Landlords who use management companies should be aware that charges to tenants may not exceed what the management company bills the owner for comparable work performed at the owner's request.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.162 of the Texas Property Code protects tenants from being billed for security device repairs caused by ordinary use over time, and limits what a landlord can charge even when damage is legitimately attributed to the tenant or their guests. If a landlord attempts to charge for such repairs, tenants can review whether the lease contains the required underlined authorization and whether the amount claimed aligns with actual contractor costs or permissible overhead. Tenants who believe a charge violates § 92.162 may consider raising the issue in writing with the landlord, consulting a local tenant-rights organization, or exploring available remedies under the broader Texas Property Code framework.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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