Does my landlord have to change the locks between tenants in Texas?

What the law says

Texas requires new keys between tenants. Section 92.156(a) of the Texas Property Code says:

“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.”

The clock starts on move-in. Section 92.151(15) of the Texas Property Code defines the tenant turnover date. The term:

“means the date a tenant moves into a dwelling under a lease after all previous occupants have moved out.”

In practice that gives the landlord up to 7 days after a new tenant moves in. Rekeying, under section 92.151(10) of the Texas Property Code, means changing a lock worked by a key, card or combination so that a different key, card or combination is needed to open it.

A tenant can ask for more. Under section 92.156(b) of the Texas Property Code, the landlord must rekey or change a security device whenever the tenant asks, with no limit on the number of requests, at the tenant’s expense. Rekeying because of the landlord’s own master key is at the landlord’s expense, under section 92.156(c). The rule does not cover closet doors or other interior doors, under section 92.156(d).

Some locks must be there without asking. Under section 92.153(a) of the Texas Property Code, a rental must have a window latch on each exterior window, a doorknob lock or keyed dead bolt on each exterior door, a pin lock and a handle latch or security bar on each exterior sliding glass door, and a keyless bolting device and a door viewer on each exterior door, installed at the landlord’s expense, with exceptions set out in the section.

Broken locks get fixed. Under section 92.158 of the Texas Property Code, during the lease and any renewal, the landlord must repair or replace a security device when the tenant reports that it does not work or needs repair. Under section 92.159, the request can be spoken unless a written lease requires writing in underlined or bold print.

What changes the answer

A landlord who fails. Under section 92.164(a) of the Texas Property Code, when a landlord does not install the required devices or rekey after turnover, the tenant may do the work and deduct the reasonable cost from the next rent payment, giving notice with that payment under section 92.166; may serve a written request for compliance and, if the landlord has not complied by the 3rd day after receiving it, so within 3 days, end the lease without going to court; or may sue.

What a lawsuit can bring. Under section 92.164(a)(4) of the Texas Property Code, if the landlord ignores a written request past the deadline, a court can order compliance across all the landlord’s dwellings and award actual damages, punitive damages where there are actual damages, a civil penalty of one month’s rent plus $500, court costs, and attorney’s fees except in suits for property damage, personal injury or wrongful death.

The lease’s wording. Under section 92.164(b) of the Texas Property Code, the landlord’s deadline becomes the 7th day, not the 3rd, if the lease includes, underlined or in bold, the notice of security-device rights that the section describes.

A break-in or violence nearby. Under section 92.164(c) of the Texas Property Code, the longer 7-day window does not apply if, when serving the request, the tenant told the landlord of an unauthorized entry or attempt in the home, one in another unit of the complex in the previous 2 months, or a crime of personal violence in the complex in that time, subject to some exceptions for a diligent landlord.

Leaving early. Under section 92.156(e) of the Texas Property Code, a landlord can take the reasonable cost of rekeying out of the security deposit of a tenant who moves out in breach of a written lease only if the lease has an underlined or bold provision allowing it.