Your Landlord Cannot Shut Off Your Utilities
In Texas, your apartment or landlord generally cannot legally shut off your utilities, even if you’re behind on rent. Texas law, specifically under Texas Property Code § 92.008, prohibits landlords from interrupting utility services like electricity, water, gas, or wastewater as a method to force tenants out or pressure them for unpaid rent. Here’s how this law applies and what you can do if your landlord does shut off your utilities:
Exceptions and Requirements
A landlord may only interrupt utility service in very limited situations, such as:
- For Repairs or Construction: If the utility interruption is temporary and necessary for repairs, construction, or an emergency, a landlord may temporarily shut off utilities but must usually provide notice and restore services promptly.
- Tenant-paid Utility Bills: If your lease requires you to pay utilities directly to the provider and you fail to do so, the provider may disconnect the service, but not the landlord. The landlord cannot interfere with or restrict your access to utilities in this situation.
Your Options if Utilities Are Unlawfully Shut Off
If your landlord unlawfully shuts off your utilities, you can take the following actions:
- Request Immediate Restoration: Contact your landlord in writing and request that they restore the services immediately, as they are legally required to do so.
- File for a Writ of Restoration: You may file for a "Writ of Restoration of Utilities" at the Justice of the Peace (JP) court in your precinct. If granted, this court order mandates your landlord to restore utilities. The court can also assess fines and damages for illegal utility shutoffs.
- Document Everything: Keep detailed records of any utility interruption, including any loss of perishable food, photos, or written communications with your landlord.
For additional information or immediate assistance, please speak with one of our advisors at: (713) 322-4799.
Potential Damages and Penalties for the Landlord
If the court finds that the utility interruption was unlawful, the landlord could be liable for damages. Texas law allows tenants to potentially recover:
- Actual Damages: This includes financial losses due to the lack of utilities.
- One Month's Rent Plus $1,000: As a statutory penalty, tenants may be entitled to an additional amount as compensation.
- Document Everything: Keep detailed records of any utility interruption, including any loss of perishable food, photos, or written communications with your landlord.
Texas provides strong protections for tenants in these situations, so taking action to assert your rights can help stop the disruption and potentially get you compensated if your landlord is acting unlawfully.
