HOUSTON – In the face of extreme weather, such as freezing temperatures, renters may wonder if apartment management has the legal right to turn off water to residents. One local resident, Lee, reached out to the Click 2 Houston Help Desk seeking clarification on this issue.
To answer the question, we consulted with Dana Karni, the Litigation Director at Lone Star Legal Aid.
First, she pointed us to the applicable Texas law:
92.008. INTERRUPTION OF UTILITIES. (a) A landlord or a landlord’s agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
Karni specializes in, and fights for, tenant rights.
According to Karni, landlords generally do have the right to turn off utilities, including water, but only under specific conditions. One key requirement is that there must be an “emergency”.
“Landlords are in fact entitled to turn off utilities. But the law is pretty clear. One of the conditions needs to be an emergency. And so I think that with the impending freeze, some landlords I think are giving proper notice or notifying tenants well enough in advance and are very likely trying to mitigate a worse problem,” Karni said.
However, the situation isn’t entirely clear-cut. Under the law, landlords are not specifically required to notify tenants before shutting off water, though providing such notice is often seen as best practice. The real question, Karni said, lies in determining whether the situation constitutes an “emergency”—a term that can be somewhat ambiguous.
The law doesn’t explicitly state that landlords must give notice, but it does require that the shutdown be in response to an emergency. In situations like extreme weather, landlords may be trying to prevent worse damage, such as frozen and burst pipes. It’s a measure aimed at protecting the property and minimizing longer-term disruptions.
While the law allows landlords to temporarily shut off water in such circumstances, both sides are generally interested in avoiding damage.
The best course of action? Communication.
Landlords who are concerned about freezing temperatures may opt to notify tenants that the water will be turned off during the coldest hours to avoid pipe damage. Though not a perfect solution, open dialogue can help alleviate concerns and ensure that both tenants and landlords are on the same page.
