Texas Rules on Landlords Shutting Off Electricity for Non-Payment

If you're renting in Texas and worried about your electricity being shut off due to non-payment, it's important to know your rights. Texas law has specific rules about when, how, and if a landlord can disconnect your utilities. Understanding these regulations can help you avoid sudden power loss and provide crucial steps to protect yourself as a tenant.

Can a Landlord Legally Disconnect Electricity for Non-Payment?

Generally, Texas law does not allow landlords to shut off electricity to force payment of rent or other charges, except in very specific cases. The Texas Property Code, Section 92 establishes strict rules for when utilities can be disconnected.

• If electricity is individually metered in your name, only the utility company can disconnect service for non-payment (never the landlord).
• If electricity is submetered or allocated through your landlord, disconnection can occur only if specific notice and procedures are followed under Texas law.
• Landlords cannot disconnect electricity as a means of eviction or to force a tenant out.

Special Rule for Submetered or Master-Metered Setups

Some Texas rental units are not directly billed by the utility; instead, the landlord is billed and then charges tenants, often through submeters or allocation. In these situations, the landlord may disconnect electricity for non-payment of only the electric bill, but strict guidelines must be followed.

• Before disconnecting, the landlord must provide a written 5-day notice stating the earliest date of disconnection, total past due amount, and information about dispute procedures.
• Disconnection is never allowed on a weekend, state or federal holiday, or before noon the following business day after those days.
• Shutoff is not allowed if the tenant gives a written statement that disconnection would cause a serious illness or a life-threatening situation (with a doctor's note).

Required Notice and Forms for Utility Disconnection

The 5-Day Notice of Utility Disconnection is crucial if the landlord plans to disconnect service. While Texas law does not provide a standardized official form, the Texas Property Code details what must be included in the notice. You can review or reference the law here: Property Code Section 92.008.

If you receive a disconnection notice, act quickly—communicate with your landlord and, if needed, provide a medical letter to prevent shutoff.

Filing a Complaint If Utilities Are Wrongfully Disconnected

If your electricity is shut off in violation of Texas law, you can:

• Contact your local Justice of the Peace Court, which handles residential tenant-landlord disputes.
• File a Request for Relief for Utility Shutoff (no official numbered form; see 'Repair and Remedy' petition for related relief): Texas Repair and Remedy Petition.
• The court may order your utilities reconnected and award one month's rent plus attorney fees if you win.
  Example: If your landlord cuts off your power without the required notice, you can download this petition, fill it in, and file it at your local Justice Court to get help fast.

Relevant Laws and Where to Find Help

• Main Texas legislation: Texas Property Code Chapter 92: Residential Tenancies
• Enforcement/Tribunal: Texas Justice of the Peace Courts
• Information source: Texas Attorney General: Tenants' Rights

FAQ: Tenant Electricity Shut Off in Texas

1. Can my landlord turn off my electricity if I am late paying rent?
   No, unless utilities are billed through the landlord and only if they provide proper notice as required by law.
2. What should I do if my electricity is shut off illegally?
   Contact your local Justice Court and file a complaint for immediate relief. Texas law provides for quick restoration and possible penalties for the landlord.
3. Does my landlord need to give me a written notice before disconnecting?
   Yes—at least a 5-day written notice, including the reason, amount due, and appeal process details.
4. Will a landlord ever shut off power to get me to move out?
   This is illegal in Texas; utility shutoff cannot be used as a form of eviction.
5. Is there extra protection if someone in my home is medically vulnerable?
   Yes, provide a written doctor's statement to your landlord to prevent shutoff for a serious illness or life-threatening situation.

Conclusion: Key Takeaways

• Landlords may only disconnect electricity in narrow cases and after proper notice.
• If your utilities are wrongly shut off, courts can quickly help restore service and may award compensation.
• Always know your rights under the Texas Property Code Chapter 92 to protect yourself as a renter.

Need Help? Resources for Renters

• Texas Justice of the Peace Courts Directory – File tenant complaints and utility shut-off petitions.
• Texas Attorney General: Tenants' Rights – Official tenant protections and complaint resources.
• Texas Law Help: Tenant Rights Overview – Plain-English guides and legal forms.

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1. Texas Property Code Chapter 92: Residential Tenancies
2. Texas Justice of the Peace Courts
3. Texas Attorney General: Tenants' Rights Resources
4. Texas Law Help: Tenant Rights
5. Section 92.008 Utility Disconnection Rules

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