Even if the service is not in the tenant's name, if the
tenant is paying the bill directly to the utility company
then certain rules apply. (But, it is a good idea to
consider switching the bill to your own name as this is
helpful in establishing credit, and might prevent a
landlord from easily harassing you by calling the utility
company and asking that "their service" be disconnected.)
It is unlawful under any circumstances for a landlord to
interrupt a utility for which the tenant pays the utility
company directly, unless the landlord is making repairs, or
there is an emergency. Any lease provision that takes away
these rights and responsibilities is void. The landlord
should attempt to give you notice if they plan to turn off
the utilities because of an anticipated repair; this is
often a difference between a decent landlord and a
slumlord. In some situations, a tenant should request that
the landlord reduce the next month's rent especially if it
the interruption lasts for an extensive period.
If the landlord improperly interrupts such a utility
service, to get the rent paid for example, the tenant may
obtain a court order to restore the utility or may
terminate the lease. In either case, the tenant may also
recover actual damages, the greater of one month's rent or
$500, plus reasonable attorney's fees and court costs, less
any past due rent owed by the tenant. See Tex. Prop. Code
92.008(f).
Note: If you have a problem with the utility company itself
you still have rights. Go to Forms for assistance and
information to help you file a complaint against the
utility company.
Continue on to submetered/allocated service or included in rent if applicable.