Texas Tenant Protections Against Utility Shutoffs

If you are renting in Texas and worried about your utilities being shut off, it’s important to know your protections under state tenant laws. Utility shutoffs can impact water, gas, or electricity, and Texas law has rules to ensure renters are treated fairly. This article explains your rights, what landlords can (and cannot) do, and how you can prevent unlawful utility disconnections in Texas.

Your Rights When It Comes to Utility Shutoffs in Texas

Texas laws set clear guidelines for utility shutoffs in rental properties. Generally, landlords are not allowed to cut off essential utilities to force payment or for eviction purposes. However, there are some exceptions for nonpayment, particularly if the utilities are submetered or allocated and the renter has not paid their utility portion. Knowing who is responsible for utility payments – you or your landlord – is key to understanding your protections.

• Texas Property Code Section 92.008 strictly prohibits landlords from deliberately shutting off utilities for nonpayment of rent or as a form of eviction (Texas Property Code – Landlord & Tenant).
• Some exceptions allow landlords to disconnect electricity in a submetered or allocated billing situation, but only under strict rules.
• Shutoff of water, heat, or air conditioning is almost always illegal – even for nonpayment.

If your landlord shuts off utilities illegally, you may be entitled to damages, reconnect orders, and other remedies through the courts.

When Can a Landlord Shut Off Electricity in Texas?

In very specific situations, landlords may disconnect electricity in multifamily buildings if:

• Utilities are billed separately (submetered/allocated)
• The renter is at least 7 days late paying for the utility (not rent)
• The landlord gives a written notice at least 5 days before shutoff
• Certain temperature, medical, and weekend restrictions apply

Landlords must follow the procedures outlined in Texas Public Utility Commission billing and disconnection rules.

Protections During Hot and Cold Weather

Disconnections are not allowed on extreme temperature days or holidays. Additionally, renters with documented medical conditions can postpone shutoffs by providing a doctor's note to the landlord.

What Forms and Notices Do You Need?

If you receive a shutoff notice, or if your utilities are disconnected, there are steps and forms you can use:

• Utility Disconnection Notice (no official form number): This is a written notice the landlord must provide at least 5 days before disconnecting electricity for nonpayment. It must include the earliest date of disconnection and information about your rights.
  Practical example: If you are late paying your electric bill, your landlord must give you this notice before any shutoff can occur.
• Request for Health/Safety Exemption: If you have a serious illness, submit a written doctor's statement to your landlord before the shutoff date to delay disconnection for up to 63 days.
  Example: You present a doctor’s letter showing severe asthma, so your landlord must delay cutting off power.
• Justice Court Complaint (Eviction/Repair and Remedy): If your landlord illegally disconnects utilities, you can file a Repair and Remedy case at your local Texas Justice of the Peace Court. Use the "Repair and Remedy Petition" form. Find it on the official Texas Court Form: Repair and Remedy Petition (List of Court Forms).
  Example: Your water is cut off without proper notice; you file this petition at your Justice Court for an emergency hearing and possible damages.

How to Take Action if Your Utilities Are Shut Off

Follow these steps to respond if your landlord cuts off utilities illegally or without proper notice:

• Review your lease to verify utility payment responsibilities
• Gather all written communications, notices, and bills
• If shut off was unlawful, document the situation (photos, notes, timelines)
• Contact the landlord in writing to demand immediate restoration
• If not resolved, file a complaint with your local Public Utility Commission of Texas or your county’s Justice of the Peace Court
• Use the "Repair and Remedy Petition" to request emergency court intervention

Relevant Texas Law and Where to Get Help

• Texas Property Code Chapter 92 – Landlord & Tenant
• Public Utility Commission of Texas (PUC)
• Texas Judicial Branch: Court Forms

For disputes or emergencies, the Texas Justice of the Peace Court handles residential tenancy issues, including illegal utility shutoffs.

FAQ: Utility Shutoff Protections for Texas Renters

1. Can my landlord turn off my utilities for not paying rent?
   No. Texas law prohibits landlords from shutting off water, electricity, or other utilities only because you have not paid rent.
2. What if my landlord turns off power without warning?
   If your landlord cuts utilities without required notice or for reasons outside the law, you can file a court petition and may be eligible for damages.
3. Am I protected if I have a medical condition?
   Yes. Provide a doctor’s statement to delay utility shutoff for up to 63 days for serious illness.
4. Where do I file a complaint for illegal shutoffs?
   Contact your local Justice of the Peace Court or the Public Utility Commission of Texas.
5. Are landlords allowed to disconnect utilities during holidays or heatwaves?
   No. Disconnections cannot occur on weekends, holidays, or days with dangerous temperatures.

Key Takeaways for Texas Renters

• Landlords cannot use utility shutoffs to force rent payment or eviction.
• If you receive a utility shutoff threat, act quickly—use notices and court forms if needed.
• Texans with health issues or who face extreme weather are protected from disconnections.

Know your rights, communicate clearly, and seek support if you face an illegal utility shutoff.

Need Help? Resources for Renters

• File a Utility Complaint – Public Utility Commission of Texas
• Legal Aid and Referral – State Bar of Texas
• Locate Your Justice of the Peace Court
• Texas Department of Housing and Community Affairs – Renter Assistance

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1. Texas Property Code § 92.008 (Landlord’s Prohibited Acts): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
2. PUC Billing and Disconnection Rules: https://www.puc.texas.gov/industry/electric/forms/consumer/Billing_and_Disconnection_Rules.pdf
3. Repair and Remedy Petition Form: https://www.txcourts.gov/media/1442837/repair-and-remedy-fillable-form.pdf
4. Texas Judicial Branch: https://www.txcourts.gov/

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