AUSTIN, Texas — Following Winter Storm Uri in 2021, landlords and property managers who experienced frozen or busted pipes and disrupted utilities looked for ways to keep this from happening at their properties again.
With the anticipated cold temperatures and hard freeze expected this week, the same applies. However, tenant rights groups want to remind tenants it is against the law for landlords to disrupt utilities unless there is an emergency or bona fide repairs needed.
People who live in an apartment complex west of the University of Texas at Austin's campus have been told they won't have any running water during the dangerous cold weather.
Temperatures in Central Texas will drop below freezing, with even colder wind chills. Winds are expected to reach 30 mph to 40 mph.
KVUE first saw the warning signs posted by Pioneer Beck, a property management group that runs an apartment complex and condos called Croix, on social media. The notice said the property would be shutting off the water to the entire community at 3 p.m. on Thursday and it will not be restored until after 9 a.m. on Monday.
KVUE reached out to Pioneer Beck to ask what guidelines it was following that led to the decision to keep water off for the extended period of time – before the cold snap's expected arrival, and after temperatures rise above freezing. We did not receive a response.
According to the Austin Tenants Council:
"A landlord may shut off any utility (electricity, water, wastewater, and gas) to carry out repairs or construction or in an emergency. A landlord may never shut off electricity, water, wastewater or gas because the tenant is delinquent with a rent or utility payment. Any provision of a lease that purports to waive any of the tenant’s rights, liabilities or duties under the utility shutoff law is void."
Texas state Property code section 92.008 echoes this, and continues:
"(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) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord."
Without an emergency repair needed near or at the properties and no weather emergency declared by the state ahead of the Arctic blast, would properties be breaking the law by turning off tenant's water for an extended period of time?
The group, Building and Strengthening Tenant Action, or BASTA, said tenants should document everything.
"The landlord should not be shutting off water like that," Mincho Jacob with BASTA said. "If you find yourself in that situation, call 311. Tell the operator you want to make a code complaint."
Jacob said that is the best way to connect the City of Austin Code Department.
"[City of Austin's] Code will send out an inspector if your water shut off because there isn't an emergency," Jacob said.
BASTA said a landlord or property management group trying to avoid a pipe rupture in the freeze does not count as an emergency.
Jacob noted that if a property says it may turn off water but has not yet, there is no action that can be taken.
KVUE asked the city Code Department if properties are allowed to shut off water for several days at a time, such as Croix, or if it varies by situation.
The City of Austin Code Department told KVUE:
"In anticipation of the colder temperatures to come, we recognize that property representatives may want to take steps to reduce the likelihood that water pipes will burst. This means that a property owner, landlord or a property management company may choose to take preventive measures, including shutting off water. We recommend that the public follow Austin Water recommendations on prevention. Regardless of weather conditions, if a property representative chooses to shut off water, the property representative needs to notify occupants of their intent and, if the property is occupied, provide alternative access to water resources and methods to heat that water."
BASTA said it is working with the city Code Department to call landlords to advise them that they run the risk of receiving a violation if they turn off tenant's water without a current emergency or repairs being made.
For BASTA's Utility Shutoff Tool Kit, or to report that your landlord or property management has turned off your water and it is not due to an emergency or repair, click here.