Legal Question in Landlord & Tenant Law in Texas

Turning off services before eviction process started

I have reliable information that a large local apartment management company has an employee in a managerial position that has directed her employees to begin the process of turning off the air conditioning of deliquent residents in an apartment complex, regardless of the status of the eviction process in each case. I know mangement cannot turn off utility services, such as electricity or water, but can they legally turn off (or in this case, knowingly disable) comfort devices such as heaters or air conditioners in order to ''encourage'' residents delinquent in rent to move out more quickly or pay up (the legal eviction process has already started for some)? Mind you, this is in a 100-degree plus Texas summer. Is this illegal or simply legal, but unethical? I may change my mind in working for this company based on this information. Thank you for your time and attention!


Asked on 8/07/03, 3:20 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Turning off services before eviction process started

There is a provision in the property code which allows landlords to turn off electricity (assuming it is submetered). There are several requirements, such that tenant must be at least 7 days delinquent in rent and landlord must send five days written notice of intent to cut off electricity. Also, can't be done before a weekend or within two hours of closing time. If tenant brings the money due, power must be restored within two hours.

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Answered on 8/13/03, 10:35 pm


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