Penalties If Landlord Does Not Install Or Rekey A Required Security Device

If the landlord fails to install a required security device or fails to rekey a lock after the tenant turnover date and the tenant does not owe the landlord any money, the tenant may, without written request:

1. Install or rekey the security device and deduct the cost of material, labor, taxes and extra keys from the tenant’s next rent payment; and
2. File suit against the landlord for compliance and obtain a judgment for:
   • A court order directing the landlord to comply (available only in county and district courts)
   • Actual damages
   • Court costs
   • Attorney’s fees (except in suits for recovery of property damages, personal injuries, or wrongful death)

If a tenant serves a landlord with a written request to install or rekey a security device, the landlord has three days to comply. However, if the lease contains a provision that is underlined or in bold print and notifies the tenant of the rights described thus far, the landlord has seven days to comply. If the landlord does not comply with the tenant’s written request and the tenant does not owe the landlord any money, the tenant may:

1. Unilaterally terminate the lease without court proceedings
2. File suit against the landlord for compliance and obtain a judgment for:
   • A court order directing the landlord to comply (available only in county and district courts)
   • Actual damages
   • Punitive damages (if actual damages suffered)
   • Civil penalty of one month’s rent plus $500
   • Court costs
   • Attorney’s fees (except when the suit seeks damages for property, personal injuries, or wrongful death)