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  1. #1
    Join Date
    Oct 2005
    Location
    Seabrook, TX
    Posts
    1

    Default Water Woes

    This is now the 2nd month in a row where MBS has not paid the water bill for Forest Cove Apartments in Seabrook, TX. This was covered on the news (on several channels) last month because the water was, indeed, turned off.

    We received notices on our doors today that our water will be turned off on Wed., October 26, 2005 if the bill is not paid. I think we all know that it will go unpaid.

    I have called and called and have been told repeatedly that a supervisor will return my calls (HA!) and that never happens.

    My lease is up next month (thank God), and I will be out before they have a chance to shut off the water a 3rd time.

    Would love to hear about others' problems.

  2. #2

    Default

    Hi Michael!

    I'm sorry you're having to go through Smuck trouble. I started another thread hearing other's stories as well, so perhaps these can be merged.

    I learned of your Seabrook situation from a Chronicle article a few weeks ago and it's definitly sad that you must go through this nonsense. It looks like you may have recourse though, so if it's worth it to you then that route is always an option. I have just initiated my own lawsuit against MBS for non-return of a security deposit and have become somewhat familiar with the Texas Property Code in the process. You may find the following excerpt to be of interest:

    ยง 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.
    (b) Except as provided by Subsections (c) and (d), a
    landlord may not interrupt or cause the interruption of water,
    wastewater, gas, or electric service furnished to a tenant by the
    landlord as an incident of the tenancy or by other agreement unless
    the interruption results from bona fide repairs, construction, or
    an emergency.

    ...

    (f) If a landlord or a landlord's agent violates this
    section, the tenant may:
    (1) either recover possession of the premises or
    terminate the lease; and
    (2) recover from the landlord an amount equal to the
    sum of the tenant's actual damages, one month's rent or $500,
    whichever is greater, reasonable attorney's fees, and court costs,
    less any delinquent rents or other sums for which the tenant is
    liable to the landlord.
    (g) A provision of a lease that purports to waive a right or
    to exempt a party from a liability or duty under this section is
    void.

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