As Houston prepares for freezing temperatures, KHOU 11 asked legal experts if Texas had any laws to prevent a landlord from shutting of your water to protect pipes.
HOUSTON — What rights do you have as a renter when facing freezing temperatures? KHOU 11 has the answers from legal experts. Extreme cold weather is expected across the Houston area.
In the coming days, you may deal with a landlord who wants to shut off your water to protect their pipes. But is legal? And who’s responsible for repairs if a pipe does burst?
We asked Lone Star Legal Aid litigation director Dana Karni.
Can my landlord shut off my water before or during a freeze?
The answer: No, but there is context needed. According to Section 92.008 of the Texas Property Code, a landlord or landlord’s agent may not interrupt a utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
The law does not make any mention of preventative measures. However, if your landlord tells you how long they’ll shut of the water, and they follow through with restoring the water after a few hours, Karni explained there may not be much of a legal case you can make. In that situation, she said it may just be best to prepare.
“We would encourage landlords to let tenants know. If a tenant knows, they can fill up a bathtub so that they’ve got water to flush a toilet or that sort of thing, keep their hygiene. That would be great,” she said. “If the landlord has shut off the water for just a few hours and then turn it back on, there’s really no additional remedy that the tenant would want to make before a court.”
If your landlord shuts off your water for an excessively long period you can share this section of the Texas Property Code with them. If that doesn’t help, you should consult with an attorney.
Who’s responsible for repairs sustained during a freeze?
The answer: Your landlord. According to Section 92.056 of the Texas Property Code, a landlord must repair a problem that “materially affects the physical health or safety of an ordinary tenant.” That includes things like plumbing leaks, mold, or problems with electrical wiring.
According to the Texas Attorney General’s Office, to request repairs, you have to send a letter through certified mail. After that, your landlord is supposed to respond in a reasonable amount of time. The law presumes seven days to be reasonable.
“The way to demand a repair must be in writing. I cannot stress that enough. If a tenant is dealing with a burst pipe after a freeze, they must request that the repairs be made in writing, and that will trigger certain timeframes for the landlord to respond,” Karni said.
If your landlord doesn’t respond to your request and your home is uninhabitable, you are legally allowed to request a lease termination. In such a situation, your landlord could also request a lease termination.
If you need help navigating repairs or a lease termination, you should consult with an attorney. Lone Star Legal Aid provides free legal assistance to anyone facing an eviction or other rental concern. You can contact Lone Star Legal Aid online or over the phone at (713) 652-0077.