Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.1641
LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES.
Operative Text
Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to liability under Section 92.164 if:(1) the tenant has not fully paid all rent then due from the tenant on the date the tenant gives a request under Section 92.157(c) or the notice required by Section 92.164; or(2) on the date the tenant terminates the lease or files suit the tenant has not fully paid costs requested by the landlord and authorized by Section 92.162. Acts 1983, 68th Leg., p. 3645, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 17, eff. Sept. 1, 1993. Renumbered from Sec. 92.158 and amended 2001, 77th Leg., ch. 1420, Sec. 17.001(a), eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 3, eff. January 1, 2016.Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 8, eff. January 1, 2016.
Section 92.1641 of the Texas Property Code establishes two specific defenses a landlord may raise against liability claims related to installing or rekeying security devices under Section 92.164. First, if the tenant had unpaid rent on the date they made a security-device request or gave the required notice, the landlord may invoke that nonpayment as a defense. Second, if the tenant had not fully paid landlord-authorized costs under Section 92.162 by the date the tenant terminated the lease or filed suit, that unpaid balance also constitutes a recognized defense.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.1641, landlords who face liability claims over security device installation or rekeying may have a defense available when a tenant's rent or authorized costs were not fully paid at the relevant triggering dates. Compliant operators generally keep clear, dated records of rent ledgers and any cost requests made under Section 92.162, so that payment status at the time of a tenant's request or notice can be documented. Maintaining organized financial records helps establish whether either statutory defense applies if a dispute arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.1641 means that a landlord accused of failing to install or rekey a security device can potentially avoid liability by showing the tenant owed unpaid rent or authorized costs at key points in time. Tenants who want to preserve their ability to enforce security-device rights under Section 92.164 generally benefit from keeping their rent current and resolving any outstanding authorized charges before making requests or giving notices. If a dispute arises, tenant-rights organizations in Texas can help explain how these defenses interact with a tenant's broader rights under the Property Code.
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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