Howdy y'all,

We’re going to try to corral all the questions we’re getting around the winter storm in Texas into a single location so that we can answer them as best we can. We see a lot of overlap in various OPs that have come here in the last few days, and we want to try to help you all as much as possible in these trying times.

Landlord - Tenant Issues

FIRST AND MOST IMPORTANT

Withholding Rent Is Almost Always a Bad Idea

Your landlord can be awarded actual damages plus other statutory penalties (and can probably terminate your right to possession and evict you) if you withhold any portion of your rent without an agreement, unless: (1) you first obtain a court order permitting you to do so; (2) you have properly repaired and deducted as described above; or (3) you have lawfully terminated your lease because of the landlord’s unlawful behavior with regard to repairs and you are using your deposit as rent, as described above. If you improperly try to use your deposit as rent, you may be liable for three times the amount you withheld, in addition to the landlord’s attorney’s fees.

If you plan to terminate your lease, withhold rent, repair and deduct, use your deposit for rent, sue your landlord, or take other serious action based on what you have read in the Property Code or this post, consult an attorney or tenant association to ensure all legal requirements have been met.

This post does not address every consideration that may be applicable in a given situation. Also, interpretations of statutes routinely change over time. The judgment of a court will also depend on the exact circumstances of the individual case. If you improperly terminate the lease, withhold rent, sue, etc., the landlord may be entitled to collect damages and attorney’s fees from you.

You also need to be aware of the practical considerations of any action. For example, this post indicates some of the specific instances where you could potentially terminate a lease agreement and move out. Even though you may have correctly terminated your lease, if your landlord does not agree with your decision, he or she may take action against you (including withholding your deposit and giving a statement to credit reporting agencies). Although the landlord’s actions may later be deemed illegal, you may have to go to some trouble to achieve your desired outcome.

To find the name of an attorney, contact your local tenant association, local bar association, or visit https://texasbar.com. You may also call the State Bar of Texas Lawyer Referral and Information Service at 1-800-252-9690, Monday through Friday from 8:30 a.m. to 4:30 p.m. CT. If you have a very low income, you may be eligible to receive free legal assistance from a legal services office, and if you decide to file a lawsuit, you may also be able to file a statement describing your financial status instead of having to pay court costs. If you need the name and telephone number of a legal services office in your area, you can call the Legal Access Division of the State Bar of Texas at 1-800-204-2222, ext. 1855.

A referral directory of legal service providers is on the State Bar website, https://texasbar.com/referraldirectory. You may also choose to represent yourself in a Justice of the Peace Court. Justices of the Peace routinely decide lawsuits filed by parties who do not have lawyers. It is still a good idea to get tips from an attorney or your local tenant association on the best way to represent yourself.

What do I do if my apartment has power and heat, but no water?

Texas has an implied warranty of habitability as a part of all residential leases. There may be additional provisions that are specific to you and your landlord that are in your lease. But water is 100% a requirement.

First, you need to be contacting your rental insurance company to see if your policy covers temporary accommodations for you and your family until all utilities are restored to your property. Many policies do have this coverage.

If your insurance does not cover this, you can reach out local resources by dialing either 211 or 311 (depending on your metro).

A list of warming centers in TX can be found here:

https://tdem.texas.gov/warming-center/

FEMA has enacted a major disaster declaration for Texas and surrounding states.

To apply for FEMA benefits, please go here:

https://www.fema.gov/locations/texas

Second, you need to notify your landlord of what is not working. You have a duty to tell them, and they have a duty to repair things that are under their control.

The notification need to go to the person to whom rent is paid, or the place where rent is paid.

NOTE – you need to make a distinction between things that a landlord can fix (water leaks, no heat but power is on, no water at all, not hot water, etc) and things that the landlord cannot fix (no power to the apartment complex, no water because of a water main break, boil orders, etc).

Can I refuse to pay (or abate) my rent because my apartment didn’t have electricity for X days?

The answer here is “probably not.”

The Texas Property Code for Residential Tenancies is available here: https://texas.public.law/statutes/tex._prop._code_title_8_chapter_92

Your landlord is not responsible for interruptions of your electrical service.

Can I refuse to pay (or abate) my rent because my apartment didn’t have water for X days?

The answer here is much fuzzier. This is a violation of the implied warranty of habitability, but your landlord’s obligation is to make a “diligent effort to repair or remedy” the issue. The scope and scale of this disaster is going to make the timelines for repairs much, much longer than they should be.

Your first step is ALWAYS to continue paying your rent. If you stop paying your rent and go into arrears, you limit your recourse dramatically. Never withhold rent without talking to your own attorney first.

Second, talk to your landlord. They may offer you another apartment. They may offer to rebate or abate rent. They may make other offers; Only you can decide if their offer is sufficient.

Finally, if you cannot reach an agreement with your landlord regarding a rent reduction, you can file a suit seeking rent reduction in either County Court or District Court.

NOTE – If the landlord offers you another rental unit, they may not require you to execute a new lease with a longer term than what remains on your original lease. https://texas.public.law/statutes/tex._prop._code_section_92.062

Can I just pay for repairs in my own apartment and then deduct the repair costs from my rent?

So – this is an insanely technical and fact-specific inquiry, and to be really honest, if you’re getting legal advice from Reddit, you should assume the answer is “no.”

The answer is technically yes, but it has a TON of requirements and caveats. The only way you should do this is under the guidance and supervision of a licensed Texas attorney with experience in landlord-tenant law.

For the legal details (because you’re a huge nerd), you can learn more here: https://texas.public.law/statutes/tex._prop._code_section_92.0561

How long does my landlord have to repair my apartment back to normal?

Given that this is a disaster, they have a long time. They have at least 30 days after you notify them to let you know that it’s going to take longer than normal. They have to complete repairs within 7 months of your first notice.

https://texas.public.law/statutes/tex._prop._code_section_92.0562

I’m done with this place. I have no water. I found another place to live. Can I break my lease without paying penalties?

No one here can definitively determine if you can leave without penalties. You’re going to want to be sure you followed all the steps above, You need to provide written notice. Check with your landlord first, and if they fight you on it, then get help from an attorney.

Work-related questions

Can my job deduct PTO and pay me for time when we were closed?

The answer is yes, they can.

Can my job not pay me for when we were closed?

Barring a contract stating otherwise, if you are hourly, or salaried non-exempt, the answer is probably yes.

If you are salaried exempt, you probably have to be paid.

My job wants me to do something dangerous: do I have to do it?

This is super fact specific, and we’d have to know a lot more. The answer is maybe.

My business is closed because of the disaster, and won’t be opening anytime soon. Can I collect unemployment?

Almost certainly yes.

Other questions:

I’m furious about this, and I want to sue ERCOT. How can I do so?

You can’t. Seriously. As you don’t have a contract with ERCOT, you can’t sue them.

But I've been really harmed! I have damages!

Doesn't matter. You still can't sue ERCOT.

I use a retail electricity provider that charges me a variable rate based on the wholesale price of electricity. My bill is through the roof. What can I do?

The short answer is, we don’t know yet. We are aware of the issues with companies like Griddy, but we’re too early into this disaster to know more specifics.