Utilities

The landlord is not permitted to interrupt utility service when a tenant pays the service provider directly, with the exception of urgent repairs, construction, or emergencies. When a tenant pays the landlord for utilities such as electricity, gas, water, or wastewater, the landlord is only permitted to shut off the utilities in certain circumstances, such as when there are urgent repairs, construction, or maintenance needs, when the tenant has not paid the utility bill, or when certain conditions are met. 

Section 92.008, subsection (H) of the Texas Property Code specifically covers when a landlord may shut off electricity for nonpayment of the electricity bill. This section states that “a landlord who submeters electricity or allocates or prorates non-submetered master metered electricity may interrupt or cause the interruption or electric service for nonpayment by the tenant of an electric bill issued if: 

  1. The landlord’s right to interrupt the electric service is provided by a written lease entered into by the tenant; 

  2. The tenant’s electric bill is not paid on or before the 12th day after the date the electric bill is issued; 

  3. Advance written notice of the proposed interruption is delivered to the tenant by mail or hand delivery separately from any other written content that:” 

The written notice from the landlord must include:

  1. The date the electric service will be cut off

  2. The address where the tenant can pay the bill during the landlord's regular business hours

  3. The amount that must be paid to prevent service interruption

  4. A statement that any payment made by the tenant for the electric service cannot be applied to rent or other amounts due under the lease.

The renter must be informed by the landlord of their rights not to have the electricity cut off if doing so will make someone within the house very ill or make them more gravely ill. Please be aware that the tenant must enter into a deferred payment plan as described in Texas Property Code and obtain a written notification from a medical professional, such as a doctor, nurse, or nurse practitioner, that the loss of electricity will cause a resident to become seriously ill or more seriously ill in order to qualify for that specific exemption. The written notification must be delivered before the anticipated date of interruption and must be addressed to the landlord or a representative of the landlord. 

There are other exceptions to when a landlord may turn off electricity services such as when the National Weather Service has issued a heat advisory warning for the county in which the residence is located, or a heat advisory was issued on one of the two preceding days. There is a similar exception for when the temperature has not risen above freezing (32 degrees Fahrenheit) and is not expected to do so for the next 24 hours. There are also other exceptions within the Texas Property Code, so please call for more information. This section of the Texas Property Code in its entirety may also be read online here.  

 
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