The number is six, and it probably will grow in the coming months. I am referring to water cutoffs by DOWAS for the failure of apartment complex owners to pay the master meter water bill.
As the displaced apartment tenants have sadly learned, there is limited legal recourse against the landlords. One out of state landlord cited by the City of Shreveport pleaded no contest in Shreveport City Court, and paid a $2,500 fine.
The Texas Property Code has civil sanctions against landlords for the interruption of utilities for no cause--other than for bona fide repairs, construction, or an emergency.
This code provides the following relief to tenants for the unlawful cutoff of apartments by landlords:
1. Tenants can recover from landlords an amount equal to the sum of the tenants' actual damages
2. One month's rent plus $1,000
3. Reasonable attorney fees and court costs
The code sets forth the various requirements for utility payment by the landlord and steps that must be taken by the tenant for recovery.
The enactment of legislation similar to the Texas Property Code by the Louisiana Legislature is needed. The fact that many of the apartment complexes are owned by out of state persons who generally have purchased the complexes in the name of an LLC. or a corporation presents enforcement challenges against individuals. And of course, enforcement of these provisions will require court action by tenants which can present hurdles--cost wise and timewise after they are displaced.
Action by the Louisiana Legislature to criminalize the actions of landlords who do not pay utilities is also needed. Even with such provisions in the Louisiana Criminal Code does not mean automatic conviction because of out of state owners.
This problem on nonpayment by landlords of master meters for utilities is not limited to Shreveport or for that matter Louisiana. Action by the state legislature in the upcoming 2025 session is needed to hopefully slow down, if not completely stop these unlawful actions by landlords who are exploiting their tenants.