TX Property Code-Security Locking Devices- SUBCHAPTER D

SUBCHAPTER D. SECURITY DEVICES

Sec. 92.151. DEFINITIONS. In this subchapter:

(1) "Doorknob lock" means a lock in a doorknob, with the lock

operated from the exterior by a key, card, or combination and from the

interior without a key, card, or combination.

(2) "Door viewer" means a permanently installed device in an

exterior door that allows a person inside the dwelling to view a person

outside the door. The device must be:

(A) a clear glass pane or one-way mirror; or

(B) a peephole having a barrel with a one-way lens of

glass or other substance providing an angle view of not less than 160

degrees.

(3) "Exterior door" means a door providing access from a

dwelling interior to the exterior. The term includes a door between a living

area and a garage but does not include a sliding glass door or a screen door.

(4) "French doors" means a set of two exterior doors in which

each door is hinged and abuts the other door when closed. The term includes

double-hinged patio doors.

(5) "Keyed dead bolt" means:

(A) a door lock not in the doorknob that:

(i) locks with a bolt into the doorjamb; and

(ii) is operated from the exterior by a key, card,

or combination and from the interior by a knob or lever without a key, card,

or combination; or

(B) a doorknob lock that contains a bolt with at least a

one-inch throw.

(6) "Keyless bolting device" means a door lock not in the

doorknob that locks:

(A) with a bolt into a strike plate screwed into the

portion of the doorjamb surface that faces the edge of the door when the door

is closed or into a metal doorjamb that serves as the strike plate, operable

only by knob or lever from the door's interior and not in any manner from the

door's exterior, and that is commonly known as a keyless dead bolt;

(B) by a drop bolt system operated by placing a central

metal plate over a metal doorjamb restraint that protrudes from the doorjamb

and that is affixed to the doorjamb frame by means of three case-hardened

screws at least three inches in length. One-half of the central plate must

overlap the interior surface of the door and the other half of the central

plate must overlap the doorjamb when the plate is placed over the doorjamb

restraint. The drop bolt system must prevent the door from being opened

unless the central plate is lifted off of the doorjamb restraint by a person

who is on the interior side of the door.

The term "keyless bolting device" does not include a chain

latch, flip latch, surface-mounted slide bolt, mortise door bolt, surface-

mounted barrel bolt, surface-mounted swing bar door guard, spring-loaded

nightlatch, foot bolt, or other lock or latch; or

the entire interior side of the door and secured in place at each end of the

bar or tube by heavy-duty metal screw hooks. The screw hooks must be at

least three inches in length and must be screwed into the door frame stud or

wall stud on each side of the door. The bar or tube must be capable of being

secured to both of the screw hooks and must be permanently attached in some

way to the door frame stud or wall stud. When secured to the screw hooks,

the bar or tube must prevent the door from being opened unless the bar or

tube is removed by a person who is on the interior side of the door.

(7) "Landlord" means a dwelling owner, lessor, sublessor,

management company, or managing agent, including an on-site manager.

(8) "Multiunit complex" means two or more dwellings in one or

more buildings that are:

(A) under common ownership;

(B) managed by the same owner, agent, or management

company; and

tracts of land.

(9) "Possession of a dwelling" means occupancy by a tenant

under a lease, including occupancy until the time the tenant moves out or a

writ of possession is issued by a court. The term does not include occupancy

before the initial occupancy date authorized under a lease.

(10) "Rekey" means to change or alter a security device that is

operated by a key, card, or combination so that a different key, card, or

combination is necessary to operate the security device.

(11) "Security device" means a doorknob lock, door viewer,

keyed dead bolt, keyless bolting device, sliding door handle latch, sliding

door pin lock, sliding door security bar, or window latch in a dwelling.

(12) "Sliding door handle latch" means a latch or lock:

(A) located near the handle on a sliding glass door;

(B) operated with or without a key; and

(13) "Sliding door pin lock" means a lock on a sliding glass

door that consists of a pin or nail inserted from the interior side of the

door at the side opposite the door's handle and that is designed to prevent

the door from being opened or lifted.

(14) "Sliding door security bar" means a bar or rod that can be

placed at the bottom of or across the interior side of the fixed panel of a

sliding glass door and that is designed to prevent the door from being

opened.

(15) "Tenant turnover date" means the date a tenant moves into

a dwelling under a lease after all previous occupants have moved out. The

term does not include dates of entry or occupation not authorized by the

landlord.

(16) "Window latch" means a device on a window that prevents

the window from being opened and that is operated without a key and only from

the interior.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts

1999, 76th Leg., ch. 16, Sec. 1, eff. Sept. 1, 1999.

Sec. 92.152. APPLICATION OF SUBCHAPTER. (a) This subchapter does

not apply to:

(1) a room in a hotel, motel, or inn or to similar transient

housing;

(2) residential housing owned or operated by a public or

private college or university accredited by a recognized accrediting agency

as defined under Section 61.003, Education Code;

(3) residential housing operated by preparatory schools

accredited by the Texas Education Agency, a regional accrediting agency, or

any accrediting agency recognized by the commissioner of education; or

(4) a temporary residential tenancy created by a contract for

sale in which the buyer occupies the property before closing or the seller

occupies the property after closing for a specific term not to exceed 90

days.

(b) Except as provided by Subsection (a), a dwelling to which this

subchapter applies includes:

(1) a room in a dormitory or rooming house;

(2) a mobile home;

(3) a single family house, duplex, or triplex; and

(4) a living unit in an apartment, condominium, cooperative, or

townhome project.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 126, Sec. 1, eff. Aug. 28, 1995; Acts 1995, 74th Leg.,

ch. 869, Sec. 2, eff. Jan. 1, 1996.

Sec. 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF TENANT

REQUEST. (a) Except as provided by Subsections (b), (e), (f), (g), and (h)

and without necessity of request by the tenant, a dwelling must be equipped

with:

(1) a window latch on each exterior window of the dwelling;

(2) a doorknob lock or keyed dead bolt on each exterior door;

(3) a sliding door pin lock on each exterior sliding glass door

of the dwelling;

(4) a sliding door handle latch or a sliding door security bar

on each exterior sliding glass door of the dwelling; and

(5) a keyless bolting device and a door viewer on each exterior

door of the dwelling.

(b) If the dwelling has French doors, one door of each pair of French

doors must meet the requirements of Subsection (a) and the other door must

have:

(1) a keyed dead bolt or keyless bolting device capable of

insertion into the doorjamb above the door and a keyless bolting device

capable of insertion into the floor or threshold, each with a bolt having a

throw of one inch or more; or

(2) a bolt installed inside the door and operated from the edge

of the door, capable of insertion into the doorjamb above the door, and

another bolt installed inside the door and operated from the edge of the door

capable of insertion into the floor or threshold, each bolt having a throw of

three-fourths inch or more.

installed at the landlord's expense.

(d) Subsections (a) and (b) apply only when a tenant is in possession

of a dwelling.

(e) A keyless bolting device is not required to be installed at the

landlord's expense on an exterior door if:

(1) the dwelling is part of a multiunit complex in which the

majority of dwelling units are leased to tenants who are over 55 years of age

or who have a physical or mental disability;

(2) a tenant or occupant in the dwelling is over 55 years of

age or has a physical or mental disability; and

(3) the landlord is expressly required or permitted to

periodically check on the well-being or health of the tenant as a part of a

written lease or other written agreement.

(f) A keyless bolting device is not required to be installed at the

landlord's expense if a tenant or occupant in the dwelling is over 55 years

of age or has a physical or mental disability, the tenant requests, in

writing, that the landlord deactivate or not install the keyless bolting

device, and the tenant certifies in the request that the tenant or occupant

is over 55 years of age or has a physical or mental disability. The request

must be a separate document and may not be included as part of a lease

agreement. A landlord is not exempt as provided by this subsection if the

landlord knows or has reason to know that the requirements of this subsection

are not fulfilled.

(g) A keyed dead bolt or a doorknob lock is not required to be

installed at the landlord's expense on an exterior door if at the time the

tenant agrees to lease the dwelling:

(1) at least one exterior door usable for normal entry into the

dwelling has both a keyed dead bolt and a keyless bolting device, installed

in accordance with the height, strike plate, and throw requirements of

Section 92.154; and

(2) all other exterior doors have a keyless bolting device

installed in accordance with the height, strike plate, and throw requirements

of Section 92.154.

(h) A security device required by this section must be operable

throughout the time a tenant is in possession of a dwelling. However, a

landlord may deactivate or remove the locking mechanism of a doorknob lock or

remove any device not qualifying as a keyless bolting device if a keyed dead

bolt has been installed on the same door.

(i) A landlord is subject to the tenant remedies provided by Section

92.164(a)(4) if the landlord:

(1) deactivates or does not install a keyless bolting device,

claiming an exemption under Subsection (e), (f), or (g); and

(2) knows or has reason to know that the requirements of the

subsection granting the exemption are not fulfilled.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 869, Sec. 3, eff. Jan. 1, 1996.

Sec. 92.154. HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD

BOLT OR KEYLESS BOLTING DEVICE. (a) A keyed dead bolt or a keyless bolting

device required by this subchapter must be installed at a height:

(1) not lower than 36 inches from the floor; and

(2) not higher than:

(A) 54 inches from the floor, if installed before

September 1, 1993; or

(B) 48 inches from the floor, if installed on or after

September 1, 1993.

(b) A keyed dead bolt or a keyless bolting device described in

Section 92.151(6)(A) or (B) in a dwelling must:

(1) have a strike plate screwed into the portion of the

doorjamb surface that faces the edge of the door when the door is closed; or

(2) be installed in a door with a metal doorjamb that serves as

the strike plate.

92.151(6)(A), installed in a dwelling on or after September 1, 1993, must

have a bolt with a throw of not less than one inch.

(d) The requirements of this section do not apply to a keyed dead

bolt or a keyless bolting device in one door of a pair of French doors that

is installed in accordance with the requirements of Section 92.153(b)(1) or

(2).

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.155. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES. A

sliding door pin lock or sliding door security bar required by this

subchapter must be installed at a height not higher than:

(1) 54 inches from the floor, if installed before September 1,

1993; or

(2) 48 inches from the floor, if installed on or after

September 1, 1993.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.156. REKEYING OR CHANGE OF SECURITY DEVICES. (a) A security

device operated by a key, card, or combination shall be rekeyed by the

landlord at the landlord's expense not later than the seventh day after each

tenant turnover date.

(b) A landlord shall perform additional rekeying or change a security

device at the tenant's expense if requested by the tenant. A tenant may make

an unlimited number of requests under this subsection.

or change of the landlord's master key must be paid by the landlord.

(d) This section does not apply to locks on closet doors or other

interior doors.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.157. SECURITY DEVICES REQUESTED BY TENANT. (a) At a

tenant's request made at any time, a landlord, at the tenant's expense, shall

install:

(1) a keyed dead bolt on an exterior door if the door has:

(A) a doorknob lock but not a keyed dead bolt; or

(B) a keyless bolting device but not a keyed dead bolt or

doorknob lock; and

(2) a sliding door pin lock or sliding door security bar if the

door is an exterior sliding glass door without a sliding door pin lock or

sliding door security bar.

(b) At a tenant's request made before January 1, 1995, a landlord, at

the tenant's expense, shall install on an exterior door of a dwelling

constructed before September 1, 1993:

(1) a keyless bolting device if the door does not have a

keyless bolting device; and

(2) a door viewer if the door does not have a door viewer.

on or after January 1, 1995, without necessity of a tenant's request has not

been installed by the landlord, the tenant may request the landlord to

immediately install it, and the landlord shall immediately install it at the

landlord's expense.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.158. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE.

During the lease term and any renewal period, a landlord shall repair or

replace a security device on request or notification by the tenant that the

security device is inoperable or in need of repair or replacement.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.159. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING. A

tenant's request or notice under this subchapter may be given orally unless

the tenant has a written lease that requires the request or notice to be in

writing and that requirement is underlined or in boldfaced print in the

lease.

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.160. TYPE, BRAND, AND MANNER OF INSTALLATION. Except as

otherwise required by this subchapter, a landlord may select the type, brand,

and manner of installation, including placement, of a security device

installed under this subchapter. This section does not apply to a security

device installed, repaired, changed, replaced, or rekeyed by a tenant under

Section 92.164(a)(1) or 92.165(1).

Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.161. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN

REASONABLE TIME. (a) Except as provided by Subsections (b) and (c), a

landlord must comply with a tenant's request for rekeying, changing,

installing, repairing, or replacing a security device under Section 92.156,

92.157, or 92.158 within a reasonable time. A reasonable time for purposes

of this subsection is presumed to be not later than the seventh day after the

date the request is received by the landlord.

(b) If within the time allowed under Section 92.162(c) a landlord

requests advance payment of charges that the landlord is entitled to collect

under that section, the landlord shall comply with a tenant's request under

Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time. A

reasonable time for purposes of this subsection is presumed to be not later

than the seventh day after the date a tenant's advance payment is received by

the landlord, except as provided by Subsection (c).

presumed to be not later than 72 hours after the time of receipt of the

tenant's request and any required advance payment if at the time of making

the request the tenant informed the landlord that:

(1) an unauthorized entry occurred or was attempted in the

tenant's dwelling;

(2) 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

(3) 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.

(d) A landlord may rebut the presumption provided by Subsection (a)

or (b) if 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.

(e) This section does not apply to a landlord's duty to install or

rekey, without necessity of a tenant's request, a security device under

Section 92.153 or 92.156(a).

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.162. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED. (a) A

landlord may not require a tenant to pay for repair or replacement of a

security device due to normal wear and tear. A landlord may not require a

tenant to pay for other repairs or replacements of a security device except

as provided by Subsections (b), (c), and (d).

(b) A landlord may require a tenant to pay for repair or replacement

of a security device if an underlined provision in a written lease authorizes

the landlord to do so and the repair or replacement is necessitated by misuse

or damage by the tenant, a member of the tenant's family, an occupant, or a

guest, and not by normal wear and tear. Misuse of or damage to a security

device that occurs during the tenant's occupancy is presumed to be caused by

the tenant, a family member, an occupant, or a guest. The tenant has the

burden of proving that the misuse or damage was caused by another party.

which the tenant is liable under this subchapter if a written lease

authorizes the landlord to require advance payment, and the landlord notifies

the tenant within a reasonable time after the tenant's request that advance

payment is required, and:

(1) the tenant is more than 30 days delinquent in reimbursing

the landlord for charges to which the landlord is entitled under Subsection

(b); or

(2) the tenant requested that the landlord repair, install,

change, or rekey the same security device during the 30 days preceding the

tenant's request, and the landlord complied with the request.

(d) A landlord authorized by this subchapter to charge a tenant for

repairing, installing, changing, or rekeying a security device under this

subchapter may not require the tenant to pay more than the total cost charged

by a third-party contractor for material, labor, taxes, and extra keys. If

the landlord's employees perform the work, the charge may include a

reasonable amount for overhead but may not include a profit to the landlord.

If management company employees perform the work, the charge may include

reasonable overhead and profit but may not exceed the cost charged to the

owner by the management company for comparable security devices installed by

management company employees at the owner's request and expense.

(e) The owner of a dwelling shall reimburse a management company,

managing agent, or on-site manager for costs expended by that person in

complying with this subchapter. A management company, managing agent, or on-

site manager may reimburse itself for the costs from the owner's funds in its

possession or control.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.163. REMOVAL OR ALTERATION OF SECURITY DEVICE BY TENANT. A

security device that is installed, changed, or rekeyed under this subchapter

becomes a fixture of the dwelling. Except as provided by Section 92.164(a)

(1) or 92.165(1) regarding the remedy of repair-and-deduct, a tenant may not

remove, change, rekey, replace, or alter a security device or have it

removed, changed, rekeyed, replaced, or altered without permission of the

landlord.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

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;

(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;

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).

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.

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 Subsection (a) of Section

92.157 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.

Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. 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;

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.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.166. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS FROM RENT.

(a) A tenant shall notify the landlord of a rent deduction attributable to

the tenant's installing, repairing, changing, replacing, or rekeying of a

security device under Section 92.164(a)(1) or 92.165(1) after the landlord's

failure to comply with this subchapter. The notice must be given at the time

of the reduced rent payment.

(b) Unless otherwise provided in a written lease, a tenant shall

provide one duplicate of the key to any key-operated security device

installed or rekeyed by the tenant under Section 92.164(a)(1) or 92.165(1)

within a reasonable time after the landlord's written request for the key.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

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

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. 17.00(b), eff. Sept. 1, 2001.

Sec. 92.168. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT COMPANY. The

tenant may unilaterally terminate the lease or exercise other remedies under

Sections 92.164 and 92.165 after receiving written notice from a management

company that the owner of the dwelling has not provided or will not provide

funds to repair, install, change, replace, or rekey a security device as

required by this subchapter.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.169. AGENT FOR DELIVERY OF NOTICE. A managing agent or an

agent to whom rent is regularly paid, whether residing or maintaining an

office on-site or off-site, is the agent of the landlord for purposes of

notice and other communications required or permitted by this subchapter.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.

Sec. 92.170. EFFECT ON OTHER LANDLORD DUTIES AND TENANT REMEDIES.

The duties of a landlord and the remedies of a tenant under this subchapter

are in lieu of common law, other statutory law, and local ordinances relating

to a residential landlord's duty to install, change, rekey, repair, or

replace security devices and a tenant's remedies for the landlord's failure

to install, change, rekey, repair, or replace security devices, except that a

municipal ordinance adopted before January 1, 1993, may require installation

of security devices at the landlord's expense by an earlier date than a date

required by this subchapter. This subchapter does not affect a duty of a

landlord or a remedy of a tenant under Subchapter B regarding habitability.

Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.