Rekey for Tenant Safety

Each state will exhibit different property code requirements for rekeying rentals. This is partially due to the demographics and population needs of individual landlords and tenants. Some requirements are added in differing locations based upon factors such as crime rate, the overall density of population, and other factors that only each state and location may deem necessary. With rental properties, there is no “one size fits all” type of state codes for rekeying. 

Under Section 92.156 of Texas State Property Code, rekeying of a rental property or any change of security device entry must encompass certain rules. A property must be rekeyed or experience a change of security devices with each subsequent tenant. A tenant may request additional rekeying or change of security devices an unlimited number of times, but this will be done at the tenant’s expense.

Any routine expense occurred in the master device or master rekeying during change of tenancy is incurred by the landlord. Any breach of the landlord/tenant agreement that results in a rekeying or change of security devices, such as abandonment of the property by a tenant, will make the rekeying or change of security device by the landlord an expense that can be deducted from a tenant’s security deposit. 

In Florida, for example, the requirements are much less strict and easier for any property owner to understand and follow regarding rekeying. Rekeying in Florida is more generally focused on the issue of “habitability,” which generally ensures safety and security of any property.

Rekeying is spelled out in most state codes by focusing on a lease section. However, not much mention seems to be made of rekeying in Florida State Codes. Florida State Rental Code, especially Florida Statute, Part II, Section 83, is a good guide on leases and habitability, which includes rekeying since safety and security are part and parcel of habitability and most states will generally focus on habitability. Habitability by definition means that a property is safe, secure, and in good enough condition to be habitable.

Texas State code is very specific about the handling of all keys, the security measures that are needed to secure keys, the times when a property needs to be rekeyed, the responsibilities for the keys, and the costs of rekeying whether landlord or tenant. Keeping track of all keys and the procedures for rekeying is a focus in Texas State Property Rental Code.

The property code laws in Texas regarding rekeying are very specific even as to timeframes for rekeying. In fact, in Texas Property Code, Section 92.156, there is a specific seven-day period in which a property needs to be rekeyed upon vacancy. Privacy and security of a tenant in Texas is a huge consideration. Therefore, the State Code there does require a limit on the number of keys to be issued for each unit.

In Texas, a landlord is advised to retain a property manager to avoid liability when rekeying or keeping charge of any existing keys. Rekeying a property by a landlord himself or the property manager also carries liability in Texas, and recommendations are made to have a professional locksmith undertake all rekeying of properties when needed.

Above all, when choosing which rental property to purchase and where to purchase it, knowledge of the varying state code laws within each state is necessary and should be researched.