Whenever a single family house, duplex or triplex or a living unit in an apartment,
condominium, cooperative or townhome project is leased
it must have the following security devices:
- A window Tatch on each exterior window of the dwelling.
- A door knob lock or keyed dead bolt on each exterior door.
(If one exterior door has both keyed dead bolt and keyless bolting device
when tenant occupies, all other exterior doors only need keyless bolting device.)
- A sliding door pin lock on each exterior sliding glass door.
- A sliding door handle latch or a sliding door security bar
on each exterior sliding glass door of the dwelling.
- A keyless bolting device and a door viewer on each exterior door of the dwelling.
- Certain security devices on french doors.
These requirements do not apply to a temporary leasing created by a contract of sale
where the buyer occupies the property before closing or the seller occupies the property
after closing for a term not to exceed ninety days.
Also excluded are retirement homes, hotel or motel rooms
and certain dormitories at educational institutions.
Also keyless bolting devices are not required
if the tenant is over 55 or is physically or mentally disabled
and makes a written request not to require them, which request must be separate from the lease.
Installation and repair of security devices is at the landlord's expense,
however tenant may request landlord to install additional security devices at tenant's expense.
when re-letting, landlord must rekey at landlord's expense any security device
operated by key, card or combination.
Tenants may not remove, change, rekey, replace or alter security device
without landlord's permission.
If a landlord does not comply with a tenant's request regarding
rekeying, changing, adding, repairing, or replacing a security device
under Section 92.156(b), 92.157, or 92.158
in accordance with the time limits and other requirements of this subchapter,
the tenant may:
- (1) install, repair, change, replace, or rekey the security devices 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) unilaterally terminate the lease without court proceedings; and
- (3) file suit against the landlord 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) punitive damages if the tenant suffers actual damages and the landlord's failure to comply is intentional, malicious, or grossly negligent;
- (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.
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