Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.167
LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST.
Operative Text
Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH TENANT'S REQUEST. (a) A landlord has a defense to liability under Section 92.165 if 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 this subchapter.(b) A management company or managing agent who is not the owner of a dwelling and who has not purported to be the owner in the lease has a defense to liability under Sections 92.164 and 92.165 if before the date the tenant is in possession of the dwelling or the date of the tenant's request for installation, repair, replacement, change, or rekeying and before any property damage or personal injury to the tenant, the management company or managing agent:(1) did not have funds of the dwelling owner in its possession or control with which to comply with this subchapter;(2) made written request to the dwelling owner that the owner fund and allow installation, repair, change, replacement, or rekeying of security devices as required under this subchapter and mailed the request, certified mail return receipt requested, to the dwelling owner; and(3) not later than the third day after the date of receipt of the tenant's request, provided the tenant with a written notice:(A) stating that the management company or managing agent has taken the actions in Subdivisions (1) and (2);(B) stating that the owner has not provided or will not provide the necessary funds; and(C) explaining the remedies available to the tenant for the landlord's failure to comply. Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 17.001(b), eff. Sept. 1, 2001.
Section 92.167 of the Texas Property Code establishes two distinct defenses that can shield a landlord or property manager from liability related to security device requirements. First, any landlord can avoid liability under § 92.165 if the tenant had not fully paid the costs that the landlord was authorized to charge under the subchapter at the time the tenant terminated the lease or filed suit. Second, a management company or managing agent that does not own the dwelling can avoid liability if, before the relevant dates, it lacked the owner's funds to comply, formally requested those funds from the owner in writing via certified mail, and promptly notified the tenant in writing of both the funding gap and the remedies available to them.
Plain English — not legal advice.
Property managers and management companies operating under § 92.167 generally document their financial relationship with the dwelling owner carefully, keeping records that show whether owner funds were available for security device work. When funds are not available, compliant operators typically send a certified mail request to the owner and, within three days of receiving a tenant's request, deliver written notice to the tenant explaining the situation and the remedies the tenant may pursue. Landlords who are also the property owner can rely on the simpler defense in § 92.167(a) by maintaining clear records showing that any authorized costs were not yet fully paid by the tenant at the time of lease termination or suit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 92.167, a landlord or management company may raise certain defenses if you file suit or terminate your lease over security device issues covered by the subchapter. If you are dealing with a management company rather than the property owner, § 92.167(b) requires that company to notify you in writing—within three days of your request—about the owner's failure to provide funds and to explain the remedies available to you; if that notice was not provided, the defense may not apply. Tenants who believe these defenses are being improperly asserted can document their payment history, review any written notices received, and consult a tenant-rights organization or legal aid provider familiar with Texas Property Code §§ 92.001–92.355 for guidance on available options.
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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