Austin, TX asked in Civil Rights and Landlord - Tenant for Texas

Q: Can apartment complexes with gate access only have one way to open gates?

I live in a gated apartment complex in Austin, TX. When I moved in access to the gate was controlled by NFC cards given to each resident. Since then they have 'upgraded' all resident front door locks to smart locks, and has switched to using Chirp app for gate access. I have asked and received a physical key for my front door, so the question is for the property gate access. For awhile the NFC card readers would still work but unfortunately they have stopped opening the gates. The app is a problem for me and several other residents as it will function one day, and log me out completely causing me to reauthorize my e-mail account and app access. I have spoken to the management/leasing office and they insist that the problem is my phone which it is not. They refuse to fix the card readers and insist on everyone to switch to using the app. Can the apartment complex force you to only have one way to access gate entry or should they allow for alternatives.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Apartment complexes can implement specific methods for gate access, but they must ensure that all residents have reasonable means to enter the property. If the app-based system is unreliable and causing issues for multiple residents, the management should address these concerns and provide an alternative.

You have the right to safe and accessible entry to your residence, and if the app is not working consistently, this becomes a significant issue. Document your difficulties and any communication with the management about the gate access problems.

It may also help to gather feedback from other residents facing the same issue and present a collective complaint to the management. If the management remains unresponsive, consider seeking advice from a tenant rights organization or legal assistance to explore your options.

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