Operative Text
Sec. 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. Added by Acts 1989, 71st Leg., ch. 650, Sec. 12, eff. Aug. 28, 1989.
Under Tex. Prop. Code § 92.301, when a landlord has agreed in a lease to pay for water, gas, or electric service but fails to do so, causing the utility company to cut off service or issue a written cutoff notice, the landlord becomes legally liable to the tenant. The provision outlines a range of remedies available to the affected tenant, including paying the utility bill directly and deducting that amount from rent, terminating the lease, recovering actual damages, and seeking court costs and attorney's fees. These remedies activate as soon as the tenant receives notice of an actual or impending cutoff, but they end if the landlord pays all overdue utility charges before the tenant has terminated the lease or filed suit.
Plain English — not legal advice.
Property owners and managers who have agreed in a lease to furnish and pay for water, gas, or electric service should maintain current payment on all utility accounts to avoid triggering liability under Tex. Prop. Code § 92.301. A compliant operator typically monitors utility billing cycles, addresses any delinquencies promptly, and keeps records of payments to demonstrate that service obligations are being met. If a delinquency does arise, providing the tenant with written confirmation from the utility company that all overdue amounts have been paid in full—before the tenant terminates the lease or files suit—is the mechanism the statute recognizes for stopping the tenant's remedies from continuing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.301 establishes that tenants whose landlord agreed to pay for utilities but failed to do so have several potential remedies, including paying the utility bill themselves and deducting that amount from rent (with a receipt submitted to the landlord), terminating the lease in writing within the required timeframe, and pursuing actual damages such as moving costs and lost wages. Tenants who pay the utility company directly should retain copies of all receipts, as the statute requires submitting proof of payment to the landlord before making rent deductions. Tenants facing this situation may benefit from contacting a local tenant-rights organization or legal aid office to understand which of the available remedies under § 92.301 may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation