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My landlord shut off my water or electricity in Texas

Section 92.008 of the Texas Property Code bars a landlord from cutting a tenant's water, wastewater, gas or electric service except for real repairs, construction or an emergency, or, for submetered electricity, an unpaid electric bill after strict notice. An unlawful cut lets the tenant recover actual damages, one month's rent plus $1,000, attorney's fees and court costs.

Law checked 26 September 2026 · Texas

At a glance

The law
Texas Property Code, sections 92.008 and 92.0091
Who decides
The justice court in the home's precinct, for a writ restoring service; a court, for the penalty and damages

What the law says

Section 92.008 of the Texas Property Code covers two kinds of service. For service the tenant pays the utility company for directly, subsection (a) says:

“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.”

The second kind is service the landlord supplies. Under section 92.008(b) of the Texas Property Code, a landlord may not cut water, wastewater, gas or electric service it furnishes as part of the tenancy, or under another agreement, unless it is for real repairs, construction or an emergency. The only exceptions are the ones the section itself sets out.

A lease cannot sign these rights away. Section 92.008(g) of the Texas Property Code says:

“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.”

The one exception: submetered electricity

Some landlords bill tenants for electricity through a submeter, or by dividing a master-metered bill. For them, section 92.008(h) of the Texas Property Code allows electric service to be cut for an unpaid electric bill, but only if every condition is met.

The right must be in a written lease the tenant entered into, under section 92.008(h) of the Texas Property Code. The electric bill must be unpaid on the 12th day after it was issued. The tenant must get advance written notice, by mail or by hand, separate from anything else. And on the day of the cut, the landlord must hand over or put on the front door a second notice with the amount needed to get service back.

The advance notice has required contents under section 92.008(h)(3) of the Texas Property Code. It must show the words “electricity termination notice” or similar, underlined or in bold. It must give the date of the cut, where to go to arrange payment, and the amount due. It must say a payment made to avoid the cut cannot be applied to rent. It must describe the tenant’s rights if the cut would make someone in the home seriously ill. It must arrive no earlier than the first day after the bill is past due, and no later than the 5th day before the cut.

An eviction limit comes with it. Under section 92.008(q) of the Texas Property Code, the landlord may not evict for an unpaid electric bill after cutting the service unless the tenant still does not pay once it has been off for at least 2 days, not counting weekends or state or federal holidays.

When even a submetered cut is barred

Some days are off limits. Unless there is a dangerous condition or the tenant asks, section 92.008(i) of the Texas Property Code bars a cut on a day no one is available to take payment and restore service, or the day before. It also bars a cut after a day that stayed at or below 32 degrees Fahrenheit with more freezing forecast for the next 24 hours, or on a day a heat advisory is issued for the county or in the 2 days after one.

Some reasons are off limits. Under section 92.008(o) of the Texas Property Code, the landlord may not cut electricity over a previous tenant’s bill, over rent, fees or other non-electric bills, over a bill 6 or more months overdue, or over a bill the tenant disputes until the landlord has investigated and reported in writing.

Serious illness. Under section 92.008(j) and (k) of the Texas Property Code, if a doctor, nurse or similar licensed practitioner states in writing that someone in the home would become seriously ill, and the tenant enters a written deferred payment plan, the service cannot be cut before the 63rd day. A cut is also barred when an energy assistance provider has promised payment.

Getting it back on. If the bill is paid, or a payment plan agreed, during business hours, section 92.008(n) of the Texas Property Code requires reconnection within 2 hours. A reconnection fee may not exceed $10, and applies only if a written lease states the exact amount.

This exception covers electricity only. Section 92.008 of the Texas Property Code gives no similar route to cut water, wastewater or gas for an unpaid bill.

What a tenant can recover

When a landlord breaks section 92.008 of the Texas Property Code, subsection (f) lets the tenant either take back possession of the home or end the lease. On top of other remedies, the tenant can recover actual damages, one month’s rent plus $1,000, reasonable attorney’s fees and court costs, less any rent or other sums the tenant owes the landlord.

A faster route to get service back runs through the justice court. Under section 92.0091 of the Texas Property Code, the tenant files a sworn complaint in the justice court in the precinct where the home is, and states the facts under oath. If the judge believes an unlawful cut has likely happened, the court may issue a writ of restoration, which restores the service at once until a final hearing. The landlord can ask for that hearing, and it is held within 7 days of the request. Ignoring the writ can lead to contempt of court.

Filing costs the same as a civil case in justice court, and the judge may let the tenant pay the filing and service fees later, under section 92.0091(k) of the Texas Property Code. Court costs can be waived only with a pauper’s affidavit, a sworn statement that the tenant cannot afford them. A tenant who files in bad faith can owe the landlord actual damages, one month’s rent or $500, whichever is greater, plus fees and costs.

What changes the answer

The reason for the cut. Real repairs, construction or an emergency are allowed under section 92.008(a) and (b) of the Texas Property Code. A cut to pressure a tenant over rent is not one of them.

The landlord’s own unpaid bill. If the lease has the landlord furnish and pay for water, gas or electricity, and the utility company cuts it off, or warns in writing that it will, because the landlord did not pay, section 92.301 of the Texas Property Code makes the landlord liable. The tenant may pay the utility and deduct that from rent, with the receipt, or end the lease in writing and move out within 30 days of the utility’s notice, and recover actual damages.

Water stopped as a repair problem. If water service has stopped entirely and the lease, openly or by implication, has the landlord supply it, section 92.0561 of the Texas Property Code can let the tenant have it repaired and deduct the cost from rent after the notices it requires.

What this page covers. It reads sections 92.008, 92.0091, 92.0561 and 92.301 of the Texas Property Code, as captured on 26 September 2026. Utility company rules are not covered here.

Deadlines

  • Submetered electricity: the bill must be unpaid on the 12th day after it was issued, and the written notice must arrive no later than the 5th day before the cut.
  • A landlord served with a writ of restoration who asks for a hearing gets one within 7 days of asking.

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Sources

  1. Texas Property Code, Chapter 92: Residential Tenancies — checked 26 September 2026

This explains the law in general; it isn't legal advice for your situation.