My lock is broken. What does Texas law say about security devices?

Short answer: Texas has a separate set of rules just for security devices, in Subchapter D of Chapter 92 of the Property Code (§ 92.151 and following). It requires certain devices without the tenant having to ask, including a window latch on each exterior window, a keyed deadbolt or doorknob lock on each exterior door, a keyless bolting device and a door viewer on exterior doors, and a pin lock plus a handle latch or security bar on sliding glass doors, with some exceptions (Tex. Prop. Code § 92.153). The landlord installs those at the landlord's expense. These rules are different from the general repair rules in § 92.052 and § 92.056.

Security devices have their own timing rule

During the lease, a landlord must repair or replace a security device when the tenant asks or tells the landlord it isn't working or needs repair or replacement. Source: Tex. Prop. Code § 92.158.

For a tenant's request to rekey, change, install, repair, or replace a security device, § 92.161 presumes a reasonable time is no later than seven days after the landlord receives the request. It's 72 hours if, when you make the request, you tell the landlord about an unauthorized entry or attempted entry into your unit, an entry or attempted entry into another unit in the complex in the past two months, or a crime of personal violence in the complex in the past two months. Some requests require advance payment first. The landlord can rebut these presumptions in some situations. Source: Tex. Prop. Code § 92.161.

Security device requests can be made orally unless you have a written lease that requires them in writing and that requirement is underlined or in bold print. A written request is still a good record. Check your lease. Source: Tex. Prop. Code § 92.159.

What to write down

Which device: front door deadbolt, door viewer (peephole), sliding door pin lock or bar, window latch.
What's wrong: missing, broken, won't lock, key doesn't work.
The date it broke or you noticed, and any break-in or attempted entry (with a police report number if you have one).
Every report, with dates.
If there was a break-in or attempted entry, or a violent crime in the complex in the last two months, say so in your request.

If someone has broken in or you feel unsafe, call 911 first.

For locks and other security devices, the rules in §§ 92.158–92.161 apply. The general steps below are still a good way to make a clear written record.

For other repairs, the general repair rules apply. Those are below.

How to ask for the repair in writing

Say what's wrong, in your own words. What failed, where it is, and the date you first noticed it. Keep it short and factual.
Add photos. Take a wide shot so it's clear where the problem is, then a close-up. Keep the originals with their dates.
Send it to where you pay rent. The law looks at notice given to the person to whom, or the place where, rent is normally paid (Tex. Prop. Code § 92.056(b)(1)). You can also email the manager, but emailing a PDF is not the same as sending it by certified mail.
Keep copies and a simple log. Save your letter, photos, tracking, and a dated log of every call, visit, or reply.
Keep using the portal if you have one. Take a screenshot of each request. A portal request is not the same as a mailed notice.

For a fill-in-the-blank version, use the free Texas repair request letter template, or get the free Texas Tenant Repair Checklist. See all problems and cities on Texas repair problems.

The basics of your repair rights

The landlord has a duty to repair serious problems. Not every repair qualifies. Texas law says a landlord must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant has told the landlord and the other conditions are met. Source: Tex. Prop. Code § 92.052(a).

Rent status matters. The statute says the duty applies when "the tenant is not delinquent in the payment of rent at the time notice is given." If you have questions about your rent balance, talk with legal aid before sending a notice. Source: Tex. Prop. Code § 92.052(a)(2) and § 92.056(b)(6).

Check your lease about written notice. If your lease is written and requires written notice, the repair notice has to be in writing. Source: Tex. Prop. Code § 92.052(d).

Time to repair. The clock does not start when the email is sent. Under Texas Property Code § 92.056(c), the landlord is considered to have received the notice when the landlord or the landlord's agent or employee has actually received it, or when the Postal Service has attempted to deliver it. Under § 92.056(d), seven days after that date is a rebuttable presumption of a reasonable time, not a deadline. Paying, or handing the letter to the mail service, also does not start the clock. Source: Tex. Prop. Code § 92.056(c) and (d).

Thinking about anything bigger? The law has other remedies, but each has strict requirements and a misstep can cause serious problems. If you're thinking about any step beyond asking for the repair, like changes to your rent or lease, talk with a lawyer or legal aid first. Source: Tex. Prop. Code § 92.056(e); Texas Attorney General, "Renter's Rights."

Where to get free help

TexasLawHelp.org: free legal information and forms for Texans.
Lone Star Legal Aid (Houston and Southeast Texas): 713-652-0077 · 800-733-8394
Legal Aid of NorthWest Texas (Dallas, Fort Worth, North and West Texas): landlord-tenant line 855-548-8457
Texas RioGrande Legal Aid (Central, South and West Texas): trla.org
Your city's 311 or code enforcement for housing code problems. A city complaint is a separate step from your request to the landlord. One doesn't replace the other.
State Bar of Texas Lawyer Referral Information Service: texasbar.com/lris

Frequently asked questions

What locks does a Texas landlord have to provide?

Without a tenant request, § 92.153 lists a window latch on each exterior window, a keyed deadbolt or doorknob lock on exterior doors, a keyless bolting device and door viewer on exterior doors, and a pin lock and handle latch or security bar on sliding glass doors, with some exceptions. The landlord installs these at the landlord's expense. Source: Tex. Prop. Code § 92.153.

Does my landlord have to rekey the locks when I move in?

Texas law requires the landlord, at the landlord's expense, to rekey key-, card-, or combination-operated security devices no later than the seventh day after each tenant turnover date (generally, when a new tenant moves in after the prior occupants have left). Source: Tex. Prop. Code §§ 92.151(15), 92.156(a).

How long does my landlord have to fix a broken lock?

Security devices have their own rule. § 92.161 presumes a reasonable time is no later than seven days after the landlord receives the request, or 72 hours if you tell the landlord about a recent break-in or attempted entry, or a crime of personal violence in the complex in the past two months. The landlord can rebut these presumptions in some situations. Source: Tex. Prop. Code § 92.161.

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Not legal advice. Not a law firm. This page is general information, not a substitute for the advice of an attorney. Laws change; check the current law or ask a lawyer.