Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.164
TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES.
Operative Text
Sec. 92.164. TENANT REMEDIES FOR LANDLORD'S FAILURE TO INSTALL OR REKEY CERTAIN SECURITY DEVICES. (a) If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may:(1) install or rekey the security device as required by this subchapter and deduct the reasonable cost of material, labor, taxes, and extra keys from the tenant's next rent payment, in accordance with Section 92.166;(2) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings;(3) file suit against the landlord without serving a request for compliance and obtain a judgment for:(A) a court order directing the landlord to comply, if the tenant is in possession of the dwelling;(B) the tenant's actual damages;(C) court costs; and(D) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death; and(4) serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, file suit against the landlord and obtain a judgment for:(A) a court order directing the landlord to comply and bring all dwellings owned by the landlord into compliance, if the tenant serving the written request is in possession of the dwelling;(B) the tenant's actual damages;(C) punitive damages if the tenant suffers actual damages;(D) a civil penalty of one month's rent plus $500;(E) court costs; and(F) attorney's fees except in suits for recovery of property damages, personal injuries, or wrongful death.(b) A tenant may not unilaterally terminate the lease under Subsection (a)(2) or file suit against the landlord to obtain a judgment under Subsection (a)(4) unless the landlord does not comply on or before the seventh day after the date the written request for compliance is received if the lease includes language underlined or in boldface print that in substance provides the tenant with notice that:(1) the landlord at the landlord's expense is required to equip the dwelling, when the tenant takes possession, with the security devices described by Sections 92.153(a)(1)-(4) and (6);(2) the landlord is not required to install a doorknob lock or keyed dead bolt at the landlord's expense if the exterior doors meet the requirements of Section 92.153(f);(3) the landlord is not required to install a keyless bolting device at the landlord's expense on an exterior door if the landlord is expressly required or permitted to periodically check on the well-being or health of the tenant as provided by Section 92.153(e)(3); and(4) the tenant has the right to install or rekey a security device required by this subchapter and deduct the reasonable cost from the tenant's next rent payment, as provided by Subsection (a)(1).(c) Regardless of whether the lease contains language complying with the requirements of Subsection (b), the additional time for landlord compliance provided by Subsection (b) does not apply if at the time the tenant served the written request for compliance on the landlord the tenant informed the landlord that an unauthorized entry occurred or was attempted in the tenant's dwelling, an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, or a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request, unless despite the diligence of the landlord:(1) the landlord did not know of the tenant's request, without the fault of the landlord;(2) materials, labor, or utilities were unavailable; or(3) a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family. Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.
Under Tex. Prop. Code § 92.164, when a landlord fails to install or rekey required security devices as mandated by Sections 92.153 or 92.156(a), tenants are granted several potential remedies. These include self-help installation with a rent deduction, written notice followed by lease termination, or filing suit to seek actual damages, punitive damages, a civil penalty of one month's rent plus $500, court costs, and attorney's fees. The timeline for landlord compliance after written notice is generally three days, though it extends to seven days when the lease contains specific boldface or underlined notice language — unless the tenant reported a recent unauthorized entry or violent crime at the property.
Plain English — not legal advice.
Landlords operating under Tex. Prop. Code § 92.164 generally ensure that all required security devices are installed or rekeyed before or at the time a tenant takes possession, in compliance with Sections 92.153 and 92.156(a). Compliant operators typically respond to any written tenant request for security device installation or rekeying within the applicable deadline — three days under standard circumstances, or seven days when the lease contains the specific boldface or underlined notice language described in the statute. Maintaining documentation of installation dates, rekey records, and responses to tenant requests helps demonstrate ongoing compliance and can be relevant if a dispute arises under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.164 outlines several remedies available to tenants when a landlord fails to install or rekey security devices required by law. Depending on the circumstances, a tenant may be able to perform the work and deduct the reasonable cost from rent, serve written notice and potentially terminate the lease, or file suit seeking actual damages, punitive damages, a civil penalty of one month's rent plus $500, court costs, and attorney's fees. Tenants who believe their landlord has not complied with security device requirements may benefit from consulting a tenant-rights organization or legal aid provider familiar with Texas property law to understand which remedies and timelines apply to their situation.
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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