Thank you for your question. I've actually been in your shoes before in Austin with a landlord that did whatever they wanted without concern for the tenants.
The short answer is that the landlord has a right to interrupt your utility service if it is for bona fide construction purposes. That being said, a continued interruption, that makes the apartment uninhabitable because you don't have water, can qualify as a constructive eviction. However, this would be a hard case. You could also assert that the continued interruption of your water service is a breach of the warranties in your lease
. The lease most likely states that the landlord agrees to provide water service. Thus, the repeated interruption of your water service is a breach of the lease. You can file suit in the Justice of the Peace court to have the contract "rescinded" or to have damages (if you have any actual monetary loss resulting). Rescinded means that you are terminating the lease without penalty and allowed to move out.
The landlord would likely fight you very hard, so I wouldn't try simply moving out and telling the landlord that your lease is cancelled. I suggest filing the lawsuit in small claims
and asking for a rescission of the lease agreement based on the noise and the lack of consistent water service.
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