SUGAR LAND. Texas – Renters at one Sugar Land apartment complex asked Amy Davis back in 2022 if their landlord can legally shut off the water to the entire complex to avoid damage to their pipes when freezing temperatures hit.
A tenant forwarded KPRC 2 the notice that was both emailed to residents and placed on their doors.
Davis asked consumer attorney Ryan Marquez at the University of Houston Center for Consumer Law if the landlord can legally do that.
“This apartment complex is going against the norm,” Marquez said. He referred to the Texas Property Code (Sec. 92.008) that says landlords can only shut off utilities for maintenance emergencies, not as a preventative measure. “Water is usually a sanitary issue,” said Marquez, adding that the possible freezing of pipes does not rise to the level of an emergency because there are other things that a landlord can do to prevent the pipes from freezing, like wrapping them and having a maintenance employee on stand-by to check units and make sure tenants are also taking precautions (like opening cabinets where pipes are to keep the warm air circulating).
The code states that if landlords do shut off the electricity or water when it is not truly an emergency, they can be responsible for paying each tenant one month’s rent plus $1,000. You can read the code here. Section 92.008 (f) spells out the monetary penalties for violating the code.
Davis contacted the complex and shared this information in a voicemail message with the management office. No one returned her phone call, but in less than an hour, tenants received an update by email that said the plan to shut off everyone’s water was canceled.
If your landlord plans to shut off your water, share the Texas Property Code with them. If that doesn’t help, Marquez says you should contact your city or county’s code enforcement office to report the landlord.
