You move into a new apartment or rental house in Texas and receive the keys.

But then a slightly unsettling question occurs to you:

Who else has a copy?

The former tenant may have returned a key to the landlord, but what about copies previously given to a roommate, boyfriend, girlfriend, family member, housekeeper, dog walker, contractor, or neighbor?

Texas law addresses this problem directly.

Under Texas Property Code § 92.156, residential landlords generally have a statutory duty to rekey certain security devices after a tenant turnover. The law also addresses who pays for additional lock changes requested by a tenant and when rekeying expenses may be deducted from a former tenant's security deposit.

Texas Landlords Generally Must Rekey After Tenant Turnover

Texas Property Code § 92.156(a) provides:

“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.”

This rule is important for both tenants and landlords.

A new tenant generally should not simply be expected to assume that every copy of the old key was returned. The statute instead places the responsibility for rekeying on the landlord.

And notice that the statute does not merely refer to an ordinary metal key. It expressly covers a security device operated by a “key, card, or combination.”

Does the Landlord Have to Replace the Entire Lock?

Not necessarily.

The statute uses the word “rekeyed,” which does not necessarily mean that the entire physical lock must be removed and replaced with a brand-new lock.

The important issue is whether the security device has been rekeyed so that prior access credentials no longer provide the same access.

For an ordinary keyed lock, that may involve changing the lock cylinder or internal configuration so that the former key no longer works.

The practical objective is straightforward: the new tenancy should not simply continue using the same access arrangement that existed for the former tenant.

Who Pays for Rekeying Between Tenants?

Ordinarily, the landlord.

Section 92.156(a) expressly requires the turnover rekeying to occur “at the landlord's expense.”

That is different from a tenant requesting another rekeying during the tenancy.

Section 92.156(b) states:

“A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant.”

The statute further provides that:

“A tenant may make an unlimited number of requests under this subsection.”

So there are really two different situations.

The normal rekeying associated with tenant turnover is generally the landlord's expense.

Additional rekeying requested by the tenant may generally be the tenant's expense.

What About a Landlord's Master Key?

Texas law addresses that situation too.

Section 92.156(c) provides:

“The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord.”

This prevents the cost of the landlord's own master-key system from simply being shifted onto the tenant.

Does the Rule Apply to Every Lock Inside the Rental?

No.

Section 92.156(d) expressly states:

“This section does not apply to locks on closet doors or other interior doors.”

The statute is concerned with the security devices relevant to access to the dwelling, rather than requiring landlords to rekey every locked cabinet, closet, bedroom, or other interior door every time the property changes hands.

What If the Previous Tenant Broke the Lease?

This creates an important exception involving the former tenant's security deposit.

Suppose a tenant breaches a written lease and moves out. The landlord still has to deal with the security problem created by turnover, but Texas law may allow the landlord to charge the departing tenant for the reasonable rekeying cost under particular circumstances.

Section 92.156(e) provides that if a tenant vacates in breach of a written lease, the landlord may deduct the reasonable rekeying cost from the tenant's security deposit only if the lease contains an underlined or boldface provision authorizing that deduction.

That formatting requirement matters.

A landlord should not assume that every lease automatically permits a rekeying deduction merely because the tenant breached the agreement.

What Happens If the Landlord Does Not Rekey the Locks?

Texas Property Code Chapter 92 provides tenants with specific remedies when a landlord fails to comply with statutory security-device obligations.

Under § 92.164, depending upon the circumstances and statutory requirements, a tenant may be able to rekey the security device and deduct the reasonable cost from a subsequent rent payment.

The statute also provides additional remedies following the required written request and failure to comply, potentially including lease termination and litigation.

Likewise, § 92.165 provides remedies for certain other violations involving requested security-device work, including possible repair or rekeying by the tenant, lease termination, and a lawsuit against the landlord.

These remedies are technical. A tenant should be cautious about simply withholding or deducting money from rent without determining whether the statutory requirements have actually been satisfied.

Texas Law Also Imposes Deadlines for Certain Security Requests

The Texas Property Code does not allow every security-device request to sit indefinitely.

Section 92.161 generally provides that a landlord must comply with qualifying tenant requests for rekeying, changing, installing, repairing, or replacing security devices within a reasonable time.

The statute generally presumes seven days to be reasonable.

But the presumed period can become much shorter in certain situations involving security threats.

For example, the statute provides a presumed 72-hour reasonable period in certain circumstances when the tenant informs the landlord of a recent unauthorized entry, attempted unauthorized entry, or crime of personal violence involving the rental property or multiunit complex.

That distinction reflects the obvious difference between an ordinary maintenance request and a situation in which someone may have recently tried to enter a tenant's home.

Tenants Should Not Assume They Can Simply Change the Locks Themselves

There is another side to the statute.

Texas Property Code § 92.163 generally restricts tenants from independently removing, changing, rekeying, replacing, or altering security devices without the landlord's permission, subject to statutory exceptions.

So a tenant who wants the locks changed should not necessarily grab a new deadbolt at the hardware store and replace the landlord's lock without further consideration.

The better approach is generally to make a documented request to the landlord and determine which statutory provision applies.

Why Does Texas Require Rekeying?

The practical reason is easy to understand.

When a tenant moves out, nobody can reliably know how many copies of a physical key were made during the tenancy.

Even an honest departing tenant may have forgotten that a spare key was given to someone years earlier.

The new tenant has no practical way to identify every person who might still possess one.

Rekeying solves that problem without requiring anyone to reconstruct the entire history of the old keys.

Landlords Should Build Rekeying Into Their Turnover Procedures

For landlords and property managers, rekeying should generally be treated as part of the ordinary turnover process rather than something done only when the incoming tenant requests it.

A useful turnover procedure may include documenting the date of tenant turnover, identifying the applicable exterior security devices, recording when the rekeying occurred, and retaining invoices or maintenance records showing that the work was completed.

Those records can become valuable if a dispute later develops about whether the landlord complied with Chapter 92.

The Bottom Line

Yes. Texas residential landlords generally have a legal obligation to rekey key-, card-, or combination-operated security devices after a tenant turnover.

Texas Property Code § 92.156 generally requires the landlord to perform that rekeying at the landlord's expense no later than the seventh day after the tenant turnover date.

Tenants may also request additional rekeying, although those additional requests may be at the tenant's expense. Special rules govern master keys, interior locks, security deposits, and remedies when a landlord fails to comply.

Changing the locks between tenants may seem like ordinary property management.

In Texas, it is also a statutory obligation.

This article is for general informational purposes only and is not legal advice. Landlord-tenant disputes can depend on the lease, the type of security device, the timing of requests and notices, and the particular facts involved.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.