Texas Lawyer Referral Service

Houston firefighters spent Labor Day evening hosing down a street and parking METRO buses as cooling stations outside a Sharpstown apartment complex where families said they had been without electricity for five days in near-100-degree heat. Two people were treated for heat exhaustion. The utility says the broken equipment belongs to the property, not to CenterPoint. Here is what the public record says, what the Texas Property Code requires a landlord to repair, how the notice-and-repair clock works, what Houston’s new air-conditioning ordinance adds, and the options a tenant rights lawyer can review with a family that is living through this.

Living Without Power or Air Conditioning in a Texas Rental? A Tenant Rights Lawyer Can Help

If your landlord has not fixed a condition that is affecting your family’s health or safety, Texas law gives tenants specific rights, and the steps have to be taken in the right order. A lawyer can explain what applies to your lease and your situation. Call or text 24/7. Get connected with an experienced tenant rights lawyer near you. Our referral service is free for the people we serve.

512-872-4400 · Text Us

What Happened in Sharpstown?

According to ABC13 Houston, the Houston Fire Department was called to the Falls of West Point apartments on Parkfront Drive in Sharpstown at about 6 p.m. on Monday, September 7, 2026, to treat two people for heat exhaustion. HFD said roughly a quarter of the complex had been without power since Thursday morning, September 3, while daytime temperatures hovered near 100 degrees. Firefighters shut down part of Parkfront Drive, opened a fire hose to make a makeshift water park for the complex’s children and later brought in METRO buses to serve as cooling stations.

Residents described apartments that would not cool down at night, children crying from the heat and freezers that had thawed. One father told the station he had bought a generator to run fans for his children. CenterPoint Energy told ABC13 that its crews had responded to the complex three times in the previous week, found no problem with the utility’s own equipment, and that the property owner needed to make repairs on its side before power could be restored. ABC13 was unable to reach property managers on the holiday; firefighters said they reached management late Monday and were told a piece of electrical equipment would be replaced Tuesday morning. As of this writing there has been no public confirmation that power is back on, and no one has been reported seriously injured or killed. Nothing in this article assumes what the cause of the failure was or who is ultimately responsible; those are questions for the records and, if it comes to it, a court.

Two More Houston Complexes Lost Power the Same Weekend

Sharpstown was not an isolated case. ABC13 reported that residents of the Westbury Square Townhomes off Chimney Rock in southwest Houston went nearly 40 hours without electricity, from about 4 a.m. Saturday, September 5, until crews restored power around 7:30 p.m. Sunday. Residents there included people with diabetes who needed refrigeration for medication. CenterPoint said that outage, too, was caused by damage to customer-owned equipment on the property and that it had been working with the homeowners’ association to resolve it. Early Tuesday, the Houston Stringer reported that residents of the Silver Star Apartments at 3200 Mangum Road had been without electricity since about 1 p.m. the previous afternoon, leaving children and older residents without air conditioning; a resident said management was trying to help and that an access issue involving a neighboring complex might be delaying the repair.

The common thread in all three is the line the utility draws. In each case CenterPoint’s statement was the same: the utility’s own equipment was working, and damaged customer-owned electrical equipment on the property had to be repaired by the owner before service could be restored. For a renter, that means the person legally responsible for getting the lights back on is the landlord, and the law that governs how long that can take is the Texas Property Code.

What Texas Law Requires a Landlord to Repair

Section 92.052 of the Texas Property Code requires a landlord to make a diligent effort to repair or remedy a condition if the tenant has given notice to the person to whom rent is normally paid, the tenant is current on rent when the notice is given, and the condition “materially affects the physical health or safety of an ordinary tenant.” The statute does not list examples. The Tenants’ Rights Handbook published by the State Bar of Texas and the Texas Young Lawyers Association, quoted by the Texas State Law Library, gives faulty wiring, no hot water and, “sometimes, a lack of heat or air conditioning” as examples, and notes that a condition is more likely to qualify when it also violates a city building, health or fire code. A total loss of electricity in a Houston September is the kind of condition experienced tenant attorneys say they would expect to fall squarely inside that language, but whether it does in any particular case is decided on the facts.

Section 92.056 sets the procedure, and the order matters. The tenant gives notice to the landlord (in writing if the lease requires it), allows a reasonable time for repair, and, if nothing happens, gives a second notice in writing and allows another reasonable time. The second notice is not required if the first one was sent by certified mail, return receipt requested, registered mail, or another trackable delivery service. The statute creates a rebuttable presumption that seven days is a reasonable time, and it directs a court weighing that presumption to consider when the landlord received the notice, the severity and nature of the condition, and the reasonable availability of materials, labor and utility service. Only after those steps are complete does the landlord become “liable” to the tenant in the sense that unlocks the remedies described below.

Houston’s New Air-Conditioning Ordinance

On Wednesday, August 19, 2026, the Houston City Council approved an ordinance requiring landlords in the city to provide some form of air conditioning in rental housing, whether central air, window units or other refrigerated cooling, as ABC13 and Houston Public Media reported. The vote was 12 to 2. The ordinance amends Chapter 10 of the city’s Code of Ordinances and removes a long-standing exception under which a landlord did not have to provide air conditioning if the unit had window screens. Landlords have 120 days from passage to comply, a window that runs into December 2026; after that, a property that does not comply can be cited and directed to municipal court. Census data cited in the coverage show more than 20,000 rental units in the Houston area without air conditioning.

The ordinance is about equipment, not electricity: it will require that cooling equipment exist, while the duty to keep the building’s wiring and service equipment working already comes from state law and from the city’s existing minimum-standards code. A lawyer can explain how the city ordinance and the Property Code fit together for a particular building, and whether a code complaint to the city is worth filing alongside the state-law notice.

Who Can Be Affected?

  • Tenants of the Falls of West Point apartments, and of any other Houston or Texas rental where electricity, air conditioning or another health-and-safety condition has gone unrepaired for days
  • Parents of young children, older residents and people with medical conditions or refrigerated medications, who face the highest risk from indoor heat
  • Anyone who was treated for heat exhaustion or another heat-related illness, or who lost food, medication or other property during an outage
  • Residents of the Westbury Square Townhomes and Silver Star Apartments, and any tenant who worries that complaining about conditions could cost them their home

What Kind of Claim or Option Might Apply?

Attorneys who handle Texas landlord-tenant disputes generally describe a set of remedies that become available only after the notice steps in Section 92.056 have been followed. Which of them fits a particular tenant depends on the lease, the notices actually given and facts that have not been established in any of these three cases:

  • A repair-and-remedy case in justice court. Section 92.0563 lets a tenant ask a justice of the peace court to order the landlord to repair the condition, reduce the rent from the date of the first notice until the repair is made, award a civil penalty of one month’s rent plus $500, and award actual damages, court costs and attorney’s fees. The Texas State Law Library explains that justice courts hear these cases up to a $20,000 limit, and that a landlord who tries to waive the duty to repair in a lease can owe additional penalties.
  • Repair and deduct. Section 92.0561 allows a tenant, in narrow circumstances, to have the condition repaired by an independent licensed contractor and deduct the cost from rent, up to the greater of one month’s rent or $500. For heating or cooling equipment the statute generally requires that a local housing, building or health official has notified the landlord in writing that the condition materially affects health or safety, and the tenant must first notify the landlord of the intent to repair and deduct. The State Law Library cautions that the requirements are strict and that a misstep can expose the tenant to penalties, which is why attorneys say this is a remedy to use with a lawyer, not without one.
  • Ending the lease. Section 92.056(e) allows a tenant to terminate the lease once the landlord is liable, and subsection (f) entitles that tenant to a prorated refund of rent and the return of the security deposit under the usual rules. Tenant advocates caution that landlords sometimes dispute whether the steps were followed, so this option is one to document carefully.
  • Protection from retaliation. Section 92.331 bars a landlord from evicting a tenant, cutting services, raising rent or otherwise punishing a tenant for giving a repair notice, complaining to a code-enforcement agency or a utility, or joining a tenant organization, during the six months after the tenant does so. Section 92.333 provides a civil penalty of one month’s rent plus $500, actual damages, court costs and attorney’s fees for unlawful retaliation.
  • Injuries and losses. Whether a heat-related illness, spoiled medication or destroyed food can be recovered as damages from a landlord depends on cause, notice and the lease; it is a separate question from the repair remedies, and one a lawyer can evaluate with medical records and receipts in hand.

One caution that every tenant resource repeats: Texas law does not allow a tenant simply to stop paying rent because repairs are not made. Section 92.058 lets a landlord recover one month’s rent plus $500 and attorney’s fees from a tenant who withholds rent or deducts repair costs outside the statute after being warned in writing. That is the reason the notice sequence matters so much, and the reason a short conversation with a lawyer before acting can be worth a great deal.

None of the above is legal advice or a prediction about any of these three properties. It reflects the questions Texas attorneys say tenants commonly ask when a landlord has not restored a basic service, and the records they typically want to review before anyone chooses a remedy.

Why Acting Quickly Can Matter

In a repair dispute the clock does not start when the power goes out; it starts when the landlord receives the tenant’s notice. A tenant who has only complained in person or by phone, in a building whose lease requires written notice, may not yet have started it at all. Attorneys say the practical first steps are to put the notice in writing, keep a copy, send it in a way that can be proved, and document the condition day by day with dated photographs, indoor temperature readings, receipts for generators, ice, food and hotel rooms, and any medical visits. A 311 complaint to the City of Houston creates a dated record of its own and can bring a code inspector whose written notice matters under the repair-and-deduct statute.

The legal deadlines are longer but real. Under Chapter 16 of the Texas Civil Practice and Remedies Code, the limitations period for most personal injury claims is generally two years, and retaliation and repair claims each carry their own procedural windows. A lawyer can explain how each deadline applies to a specific tenant, including how a move-out, a lease renewal or a new eviction filing changes the picture. It is best to talk to a lawyer before signing anything a landlord offers in the middle of a dispute.

Living Without Power or Air Conditioning in a Texas Rental?

512-872-4400

Call or text 24/7. Get connected with an experienced Texas tenant rights lawyer near you. If a lawyer in our network offers an initial consultation, it is free. You can also text us.

Texas Lawyer Referral Service · certified by the State Bar of Texas

Find the right Texas lawyer for this: Texas Tenant Rights Lawyers · Texas Housing Lawyers

Sources

  1. ABC13 Houston — Firefighters work to cool down Sharpstown residents on fifth day without power (Sept. 7–8, 2026)
  2. ABC13 Houston — Southwest Houston townhomes without power nearly 40 hours (Sept. 6–7, 2026)
  3. Houston Stringer — Residents at Silver Star Apartments left without power and air conditioning (Sept. 8, 2026)
  4. ABC13 Houston — Houston City Council passes ordinance requiring rental units to provide air conditioning (Aug. 19–20, 2026)
  5. Houston Public Media — Rental units in Houston must provide air conditioning under new ordinance (Aug. 19, 2026)
  6. Texas Property Code, Chapter 92 (Residential Tenancies) — § 92.052, Landlord’s Duty to Repair or Remedy; § 92.056, Landlord Liability and Tenant Remedies; § 92.0561, Tenant’s Repair and Deduct Remedies; § 92.0563, Tenant’s Judicial Remedies; § 92.058, Landlord Remedy for Tenant Violation; §§ 92.331–92.333, Retaliation
  7. Texas State Law Library — Landlord/Tenant Law: Requesting Repairs
  8. Texas State Law Library — Landlord/Tenant Law: Remedies for Failure to Repair
  9. State Bar of Texas / Texas Young Lawyers Association — Tenants’ Rights Handbook
  10. Texas Civil Practice & Remedies Code, Chapter 16 (Limitations)
English | Español