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  1. #1

    Default Apartment Management Shutting Off Water for a Few Weeks

    My question involves landlord-tenant law in the State of: Texas
    I was wondering if it is legal for them to shut off the water for a "few weeks". I called them and asked about this and they are going to shut off the water for a undisclosed amount of time when i spoke to them directly. I'm wondering how long is legal? i understand the leak needs to be fixed but 2-3 weeks seems a little much to me.

  2. #2
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    Default Re: Apartment Management Shutting Off Water for a Few Weeks

    Who is "them" - the landlord, your municpality, or somebody else?

    What provisions are they making for water during the time the water is shut off?

    Water service can be interrupted for bona fide repairs; but that's a pretty significant outage.
    Quote Quoting Texas Code Sec. 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.

    (c) A landlord may interrupt or cause the interruption of electrical service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement if:
    (1) the electrical service furnished to the tenant is individually metered or submetered for the dwelling unit;

    (2) the electrical service connection with the utility company is in the name of the landlord or the landlord's agent; and

    (3) the landlord complies with the rules adopted by the Public Utility Commission of Texas for discontinuance of submetered electrical service.
    (d) A landlord may interrupt or cause the interruption of electrical service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement if:
    (1) the electrical service furnished to the tenant is not individually metered or submetered for the dwelling unit;

    (2) the electrical service connection with the utility company is in the name of the landlord or the landlord's agent;

    (3) the tenant is at least seven days late in paying the rent;

    (4) the landlord has mailed or hand-delivered to the tenant at least five days before the date the electrical service is interrupted a written notice that states:
    (A) the earliest date of the proposed interruption of electrical service;

    (B) the amount of rent the tenant must pay to avert the interruption; and

    (C) the name and location of the individual to whom or the location of the on-site management office where the delinquent rent may be paid during the landlord's normal business hours;
    (5) the interruption does not begin before or after the landlord's normal business hours; and

    (6) the interruption does not begin on a day, or on a day immediately preceding a day, when the landlord or other designated individual is not available or the on-site management office is not open to accept rent and restore electrical service.
    (e) A landlord who interrupts electrical service under Subsection (c) or (d) shall restore the service not later than two hours after the time the tenant tenders, during the landlord's normal business hours, payment of the delinquent electric bill or rent owed to the landlord.

    (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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