Handling the Tenant’s Utilities Can be Tricky…
Landlords and landlords’ agents are prohibited from certain conduct with regard to rent collection. For example, neither may interrupt or cause the interruption of utilities paid by the tenant directly to the utility company unless the interruption results from bona fide repairs, construction, or an emergency.
A landlord is generally prohibited from interrupting water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement. However, interruptions resulting from bona fide repairs, construction, or an emergency are permissible.
The landlord is absolutely prohibited from any other interruption of the tenant’s utilities.
Residential lease provisions waiving rights or exempting a party from a liability or duty under the provisions relating to interruption of utilities, or wrongful removal of property or exclusion of the tenant are void.
Frequently Asked Questions
Can a Texas landlord shut off a tenant's utilities to force them out?
No. Intentionally interrupting a tenant's utilities to compel a vacancy is illegal self-help under Texas law. This is a common and costly mistake landlords make.
What utilities are covered by this prohibition?
Texas law prohibits a landlord from interrupting or causing the interruption of water, wastewater, gas, or electric service furnished to a tenant, whether the landlord provides the service directly as part of the tenancy or through another arrangement.
Are there any circumstances where a landlord can interrupt utilities?
Yes. Interruptions resulting from bona fide repairs, construction, or a true emergency are permissible. The prohibition is specifically on using utility shutoffs as a tool to coerce a tenant, not on interruptions that result from legitimate maintenance or emergencies.
Can a lease waive the tenant's rights regarding utility interruptions?
No. Residential lease provisions that waive a tenant's rights or exempt the landlord from liability regarding utility interruptions are void under Texas law. A landlord cannot contract around these protections.
What should a landlord do instead of shutting off utilities?
If a tenant is not paying rent or is otherwise in violation of the lease, the correct legal path is eviction through the courts, not a utility shutoff. Contact Cook Keith & Davis before taking any self-help action. We can begin the eviction process promptly.
What happens to a landlord who illegally interrupts utilities?
A tenant whose utilities are illegally interrupted can sue the landlord for actual damages, civil penalties, and attorney's fees. The liability can significantly exceed whatever the tenant owed in unpaid rent.