Interrupton of Shared Utilities by Landlord

Full question:

I live in Texas and I have to share my utilities with two other dwellings. My landlord will not separate them and they will not pay their part of the bill.

• Category: Landlord Tenant
• Subcategory: Residential Lease
• Date: 04/07/2025
• State: Vermont

Answer:

The following are TX statutes:

§ 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,
waste water, 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.

§ 92.301. LANDLORD LIABILITY TO TENANT FOR UTILITY

CUTOFF. (a) A landlord who has expressly or impliedly agreed in
the lease to furnish and pay for water, gas, or electric service to
the tenant's dwelling is liable to the tenant if the utility company
has cut off utility service to the tenant's dwelling or has given
written notice to the tenant that such utility service is about to
be cut off because of the landlord's nonpayment of the utility bill.

(b) If a landlord is liable to the tenant under Subsection
(a) of this section, the tenant may:

(1) pay the utility company money to reconnect or
avert the cutoff of utilities according to this section;

(2) terminate the lease if the termination notice is
in writing and move-out is to be within 30 days from the date the
tenant has notice from the utility company of a future cutoff or
notice of an actual cutoff, whichever is sooner;

(3) deduct from the tenant's rent, without necessity
of judicial action, the amounts paid to the utility company to
reconnect or avert a cutoff;

(4) if the lease is terminated by the tenant, deduct
the tenant's security deposit from the tenant's rent without
necessity of lawsuit or obtain a refund of the tenant's security
deposit pursuant to law;

(5) if the lease is terminated by the tenant, recover a
pro rata refund of any advance rentals paid from the date of
termination or the date the tenant moves out, whichever is later;

(6) recover actual damages, including but not limited
to moving costs, utility connection fees, storage fees, and lost
wages from work; and

(7) recover court costs and attorney's fees, excluding
any attorney's fees for a cause of action for damages relating to a
personal injury.

(c) When deducting for the tenant's payment of the
landlord's utility bill under this section, the tenant shall submit
to the landlord a copy of a receipt from the utility company which
evidences the amount of payment made by the tenant to reconnect or
avert cutoff of utilities.

(d) The tenant remedies under this section are effective on
the date the tenant has notice from the utility company of a future
cutoff or notice of an actual cutoff, whichever is sooner. However,
the tenant's remedies under this section shall cease if:

(1) the landlord provides the tenant with written
evidence from the utility that all delinquent sums due the utility
have been paid in full; and

(2) at the time the tenant receives such evidence, the
tenant has not yet terminated the lease or filed suit under this
section.