Texas tenant needing advice

[cassie77562]

We recently had change in owners/property management for our property. We paid our electricity separate from our rent to our landlord monthly. Once property changed owners the lights were not transitioned correctly and our lights were cut off unexpectedly at 930am 4 days ago. We were told the new property management was not made aware by the last owner of having to change lights over to them so tjis was the reason it wasn't taken care of, even though our prior landlord said he did advise them. We had attempted in the past to get lights in our own name but was unable due to permit issues with property so prior landlords took care of it and we did not question how just trusted any issue that prevented it previously was taken care of. Once lights were turned off and property management attempted to reconnect them and they discovered permit was never done and inspection/permit process had to be completed before lights could be reestablished at our property. We were advised by the propert management that inspection would take place the next day and to allow 2 days for our lights to be turned back on. When asked if they would help place us in housing elsewhere or reimburse for hotel expenses we were advised we need renters insurance to do that. We were never advised to have renters insurance and do not currently have it. I did speak with company concerning renters insurance but was told this issue we were currently having would likely not be covered even if we did have a policy since it was a clerical issue not repair issue as our lights do work with power supplied. Property management did sent out a electrician who advise no repairs were needed just inspection/permit when asked how did we have lights till now he stated it must have been obtained from prior landlords illegally. We were told for 2 days that we must be home for electrician or inspector for process to proceed and we made sure we were even though Temps in the house were easily over 90 degrees. We were able to stay with family 2 nights, but had to drive 40 mins each trip home to wait on electrician or inspectors. We finally had to stay in a hotel 2 nights to be closer to home and we were promised we would have lights by noon today. 11am came today no lights we spoke to light company that told us they had informed property management yesterday it would be 3 to 5 days and since now it was the weekend and a holiday Monday Tuesday was earliest we could possibly see it connected. We called and informed property management but now they are not responding and with becoming more and more tapped out on funds are forced to stay at the house with no lights, ac or ability to cook. I also work from home so this has taken my income, unnecessary money spent on eating out, driving to stay with family, lost food in fridge and overall health and well being. We are hoping someone can give advise if we have any cause for a case. TIA

 

[adjusterjack]

Once property changed owners the lights were not transitioned correctly and our lights were cut off unexpectedly at 930am 4 days ago.

Cut off by who? The owner/management or the utility company?

Is this a house or an apartment?

We were advised by the propert management that inspection would take place the next day and to allow 2 days for our lights to be turned back on. When asked if they would help place us in housing elsewhere or reimburse for hotel expenses

So far, I don't see any liability on the management's part for that.

were advised we need renters insurance to do that.

Demonstrates how clueless some people are about insurance. Renters insurance doesn't cover that kind of circumstance.

We were never advised to have renters insurance

Nobody has to advise you to have renters insurance. It's common sense.

do not currently have it

When your personal property is stolen, burned, or water damaged, you'll understand why it's common sense to have it.

We are hoping someone can give advise if we have any cause for a case.

I can't answer that because Texas has an array of statutes that address landlord duties and utilities.

I'll list them for you to review.

Texas Property Code Title 8, Chapter 92, Subchapter G (2022) - Utility Cutoff :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Texas Property Code Section 92.008 (2022) - Interruption of Utilities :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Texas Property Code Section 92.0091 (2022) - Residential Tenant's Right of Restoration After Unlawful Utility Disconnection :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Texas Property Code Title 8, Chapter 92, Subchapter B (2022) - Repair or Closing of Leasehold :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

For you to be entitled to compensation by the current owner/management you will have to show that the current owner/management did, or did not, do something, within his control, that caused your difficulties and expense. So far it doesn't look that way and now the current owner/management is at the mercy of the utility company's delay to get the issue resolved. You might have to go after the former owner of the property.

Consult an attorney and review your options.

 

[cassie77562]

Thanks, we rent a house. Lights were set for disconnection by our prior landlord once he sold the property. He told us he told the new property manager about getting it transferred over and allowed them plenty of time to do so. April 27 I sent the light payment to our prior landlord and that is when he told me going forward I would have to make sure the new company took care of it. That day I messaged the new property management and asked them if they were aware I have the text where they said they were. May 23rd lights went off. Today they called us to say it will be at the soonest Tues due to holiday because now utility company isn't seeing our address in their system and it would have to be established with the city

Cut off by who? The owner/management or the utility company?

Is this a house or an apartment?



So far, I don't see any liability on the management's part for that.



Demonstrates how clueless some people are about insurance. Renters insurance doesn't cover that kind of circumstance.



Nobody has to advise you to have renters insurance. It's common sense.



When your personal property is stolen, burned, or water damaged, you'll understand why it's common sense to have it.



I can't answer that because Texas has an array of statutes that address landlord duties and utilities.

I'll list them for you to review.

Texas Property Code Title 8, Chapter 92, Subchapter G (2022) - Utility Cutoff :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Texas Property Code Section 92.008 (2022) - Interruption of Utilities :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Texas Property Code Section 92.0091 (2022) - Residential Tenant's Right of Restoration After Unlawful Utility Disconnection :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

Texas Property Code Title 8, Chapter 92, Subchapter B (2022) - Repair or Closing of Leasehold :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

For you to be entitled to compensation by the current owner/management you will have to show that the current owner/management did, or did not, do something, within his control, that caused your difficulties and expense. So far it doesn't look that way and now the current owner/management is at the mercy of the utility company's delay to get the issue resolved. You might have to go after the former owner of the property.

Consult an attorney and review your options.

then new meter put in. Even though we did have lights and meter up till 5/23 at 930am. I definitely see importance of renters insurance but the fact remains not having electricity im not able to work so not receiving income.

 

[adjusterjack]

the fact remains not having electricity im not able to work so not receiving income.

I still can't tell who you might have a case against or if you have any case at all for errors that might have been beyond anybody's control.

Even if you did have a case, you would have duty to mitigate any monetary damages you might have incurred. The rule of "mitigation of damages" denies or reduces a plaintiff the right to recover that part of their damages that the court or jury finds could reasonably have been avoided or mitigated.

Even now you can mitigate by purchasing a portable power supply that will allow you hook up your computer, lamp, other electrical equipment needed for your work. You can charge it up at a friend's house and run it for a few days. Some of these can be delivered by Amazon today or you can pick one up locally.

Amazon.com : portable power supply

You can't just not work and claim the loss of income when there are alternatives.

I know, not your fault, why should you suffer? Well, sometimes bad things happen that turn out to be nobody's fault and we have to survive as best as we can.

 

[cassie77562]

I still can't tell who you might have a case against or if you have any case at all for errors that might have been beyond anybody's control.

Even if you did have a case, you would have duty to mitigate any monetary damages you might have incurred. The rule of "mitigation of damages" denies or reduces a plaintiff the right to recover that part of their damages that the court or jury finds could reasonably have been avoided or mitigated.

Even now you can mitigate by purchasing a portable power supply that will allow you hook up your computer, lamp, other electrical equipment needed for your work. You can charge it up at a friend's house and run it for a few days. Some of these can be delivered by Amazon today or you can pick one up locally.

Amazon.com : portable power supply

You can't just not work and claim the loss of income when there are alternatives.

I know, not your fault, why should you suffer? Well, sometimes bad things happen that turn out to be nobody's fault and we have to survive as best as we can.

Understood and there was 1 day I was able to find ways to work. Unfortunately this came at the end of the month and we've paid all our bills so there is no means to purchase a generator even if less than 100.00.

 

[cassie77562]

Understood and there was 1 day I was able to find ways to work. Unfortunately this came at the end of the month and we've paid all our bills so there is no means to purchase a generator even if less than 100.00.

The electrician that was out and city inspector when asked how we had lights if our meter and address wasn't registered both agreed it was previously connected illegally.

 

[adjusterjack]

The electrician that was out and city inspector when asked how we had lights if our meter and address wasn't registered both agreed it was previously connected illegally.

Then you may have a cause of action against the former owner for your losses. Assuming you can prove he was responsible for the illegal installation.

 

[cassie77562]

Also I noticed that the other unit on the property has 4 meters numbered 1 2 3 4 but that unit has 5 apartments to it. So someone is sharing a meter and unit 5s meter was probably placed on our house in which we are unit 6!!! Not unit 5. The utility company sees there is no unit 6 meter on file. Just 1 through 5. But in total there are 6 units here. It looks like 2 houses here. We live in the front house which is # unit 6. The house behind ours is split up in 5 units. 1 through 5. So I don't if maybe you needed to know that.

 

[adjusterjack]

More and more it's looking like the former owner is culpable and the new owner got stuck with the problem through no fault of his own.

 

[LdiJ]

More and more it's looking like the former owner is culpable and the new owner got stuck with the problem through no fault of his own.

I don't really buy that. The standard inspection that happens during the process of buying a property would have identified the issues with the electricity.

 

[cassie77562]

I don't really buy that. The standard inspection that happens during the process of buying a property would have identified the issues with the electricity.

Agreed we brought that to their attention as well but they deny knowing.

 

[adjusterjack]

The standard inspection that happens during the process of buying a property would have identified the issues with the electricity.

If an inspection happened. A lot of investors rely on their own devices and don't hire inspectors. I sold two rentals to two different investors. They walked in, took a quick look, walked out and paid my price. The utility accounts were never discussed and I had them shut off at close of escrow.

It's possible that my suggested scenario is correct. Maybe it isn't.

 

[LdiJ]

If an inspection happened. A lot of investors rely on their own devices and don't hire inspectors. I sold two rentals to two different investors. They walked in, took a quick look, walked out and paid my price. The utility accounts were never discussed and I had them shut off at close of escrow.

It's possible that my suggested scenario is correct. Maybe it isn't.

If an investor is foolish enough to do that, then I would disagree with the "through no fault of their own" comment.

 

[Litigator22]

I sold two rentals to two different investors. They walked in, took a quick look, walked out and paid my price. . ..

Most enchanting! (Yet some less favorably moved might view it as self-absorbed pattering of no material consequence.)

"To love oneself is the beginning of a lifelong romance." (Oscar Wilde 1854-1900)