All rental housing owners in San Antonio should have been in compliance with the Texas security device statute as of January 1, 1995.
The statute applies to owners of apartments, houses, duplexes, triplexes, condominium units, townhouses, cooperatives, mobile homes, rooms in private dormitories and rooming houses, garage apartments, public housing projects, and all other types of dwellings that are rented.
The statute’s only exceptions are for hotels, motels and dormitories owned or operated by certain kinds of educational institutions.
The safety and security of your residents and their families with regards to San Antonio Property Management are at stake – as well as your own potential liability exposure to multi-million dollar lawsuits. Here is a list of what should have been done:
Required security devices
- Keyless deadbolts. You must have a keyless deadbolt on every exterior door, including a door from a garage into the dwelling. A keyless deadbolt is not necessary on sliding glass doors or on doors that open from a garage to the outside. Whenever “keyless deadbolt” is used in this article, it includes other devices that meet the statute’s definition of “keyless bolting device.”
- Keyed deadbolts. You must have a keyed deadbolt or a keyed doorknob lock on at least one exterior door. You don’t need a keyed lock on all exterior doors. You need a keyed lock on only one exterior door which is normally used for entry. That lock can be either a keyed deadbolt or a keyed doorknob lock. Obviously, a keyed deadbolt is far superior to a keyed doorknob lock because of its one-inch bolt. A keyed deadbolt lock, under the statute, is one that can be operated by key, card or combination.
- Optional deactivation of doorknob locks. Since all exterior doors will have a keyless deadbolt, the statute permits (but does not require) you to deactivate doorknob locks on exterior doors – provided at least one exterior door has a keyed deadbolt or a keyed doorknob lock on it so occupants can leave and still lock the door. In addition, residents are less likely to lock themselves out.
- Optional deactivation of keyed deadbolts. Since all exterior doors will have a keyless deadbolt, the statute permits (but does not require) you to deactivate keyed deadbolts on exterior doors–provided at least one exterior door is a keyed deadbolt or a keyed doorknob lock on it so occupants can leave and still lock the door. The easiest way to deactivate an existing keyed deadbolt is to convert it to a keyless deadbolt by gluing a sawed-off key blank into the keyhole, with epoxy or super glue.
- Door viewers. You must have either a door viewer (peephole), a clear glass pane or one-way mirror in each exterior door –even if there is a clear glass panel or window right next to the door –and even if the door opens from the dwelling into the garage and even if the door is at the rear of the dwelling or on the second or third story of the dwelling. A second, lower door viewer for young children or disabled persons is not required, but it is certainly thoughtful and helpful.
- Pin locks on sliding glass doors. You must have a sliding door pin lock on each sliding glass door. If you install the pin lock at the bottom of the door, glass breakage will be minimized.
- Security bars or door handle latches on sliding glass doors. You must have either a security bar (sometimes called a “charlie bar”) or a door handle latch that works, on each sliding glass door. You have a choice of one or the other.
- Window latches. You must have a window latch on each window. It can be the original latch or an after-market type
- French doors. All french doors must have a threshold bolt and upper door jamb bolt (with a 3/4? throw) on one door, and the other door must have a keyless deadbolt and either a keyed deadbolt or keyed doorknob lock
- Automatic door closers. You must have an automatic door closer on each hinged door that opens directly into a pool yard or a multi-unit rental complex (defined as “two or more units”). This requirement is in the 1993 pool yard enclosure statute rather than the security device statute. Door closers on sliding glass doors are not required. Similarly, door closers on doors opening into a pool yard of a rental house are not required, but they are highly recommended for safety and liability reasons. Spring-loaded door hinge pins seem to be the best and most aesthetic type of automatic door closers.
- Window screens. Window screens are not statutorily required by the security device statute. But if a window has a screen and the window is in a wall used as part of a pool yard enclosure of a multi-unit complex, the pool yard statute requires the screen to have a screen latch or be permanently affixed with screws.
- Screen doors. Screen doors are not statutorily required. Required installation specifications
- You must make sure the installation of the security devices complies with the following:
- Keyed deadbolt height: installed between 36″ and 48″ above the floor (up to 54″ if installed before 9-1-93)
- Keyless deadbolt (or other “keyless bolting device”) height: installed between 36″ and 48″ above the floor (up 54″ if installed before 9-1-93)
- Sliding door pin lock height: installed between 0″ and 48″ above the floor (up to 54″ if installed before 9-1-93)
- Security bar height: installed between 0″ and 48″ above the floor (up to 54″ if installed before 9-1-93)
- Doorviewer height: none specified (but this author recommends 60″ above floor); doorviewer range must be 160o; or greater; lens can be made of plastic, but glass is better.
- Bolt throws: 1″ for keyed and keyless deadbolts installed after 9-1-93 (not specified for bolts installed before 9-1-93)
- Metal strike plates: required for doorknob locks, keyed deadbolts, and keyless deadbolts–but not if doorjamb is metal
- Upper floors: the requirements of the statute apply no matter how high or what story the door or window is on. Required actions in daily operations
- Good working order. You must have all security devices working properly when residents move in.
- Rekeying at turnover. You must, at each resident turnover, rekey all keyed deadbolts and keyed doorknob locks on exterior doors if the doors can be opened from the outside by a key, card or combination. You may rekey before or after move-in, but in no event can you rekey later than seven days after move-in.
- Quick repair. You must quickly repair or replace a security device that you or your employees at any time discover is missing or not working–even if the resident has not asked you to do so.
- Prompt response. You must promptly respond to legitimate resident requests for rekeying, repairing, installing or replacing–preferably within three days after receiving the resident’s request, but no later than seven days.
- Fair charges. You must be fair in billing residents for rekeying, repairs and installations for which they’re liable. Even though it is allowed by the statute under certain circumstances, it is recommended that you not require payment in advance. It’s too easy to mistakenly require advance payment when you’re not supposed to under the statute.