Were You Affected by the Water Shutoff at Dominion Post Oak?

On January 15, 2024, water service was shut off by Westdale Asset Management at Dominion Post Oak, not in response to an emergency or required repair.

In a written statement from on-site management, the shutoff was described as a “preventative measure” — done in anticipation of cold weather, not to address an active problem.

Why This Matters:

Under Texas Property Code §92.008(f), landlords may not interrupt utilities except for bona fide emergencies or government orders. A preventative shutoff does not qualify under the statute.

If this action is found to violate the law, tenants may be entitled to:

• One month’s rent plus $1,000 (statutory damages)

• Actual damages (e.g. missed work, hotel stays, transportation)

• Attorney’s fees and court costs

• The right to terminate your lease without penalty

What You Can Do:

If you lived at Dominion Post Oak during this shutoff, you may have a valid legal claim — even if you no longer live there.

We’re working on gathering interest from tenants who may wish to:

• File an individual claim

• Submit a written affidavit or statement

• Join a potential class action

• Access free legal templates and resources

• Be notified of updates, media coverage, or settlements

What Are Statutory Damages — and Why Do They Matter?

Most legal claims require tenants to prove they suffered financial harm. But under Texas Property Code §92.008(f), tenants impacted by an illegal utility shutoff may be entitled to automatic, built-in compensation — even without showing actual losses.

These are called statutory damages, and they are designed to:

• Hold landlords accountable for violating tenant protections

• Avoid legal loopholes where a landlord causes disruption but escapes liability

• Make it worth pursuing a claim, even for short-term violations

This is powerful. Even tenants who didn’t miss work or incur major expenses may still qualify for compensation — because the law recognizes the harm of losing water service itself.

Potential Legal Violations and Tenant Rights

1. Unlawful Water Shutoff – Texas Property Code §92.008(f)

On January 15, 2024, water was shut off to the entire property preemptively, with no emergency or government order. Management admitted in writing it was a “preventative measure,” which violates Texas law.

2. Retaliation – §92.331

After asserting our legal rights, we received a retaliatory tow sticker and were threatened with a lease violation. This is a clear violation of tenant protection laws against retaliation for exercising legal rights.

3. Harassment and Intimidation by On-Site Management

After we asserted our legal rights in writing, a property manager verbally confronted and berated us in person — despite our communications being calm, professional, and well-documented. During this confrontation, the manager also threatened arbitrary fees related to lease violations, despite no basis for such charges.

These threats were later walked back after corporate management became involved, which strongly suggests they were not legitimate and were made to intimidate or pressure us into silence.

This incident escalated the matter beyond simple disagreement — it became a case of harassment, intimidation, and attempted financial coercion in direct response to protected tenant activity.

4. Misrepresentation of Amenities – Fraudulent Inducement / DTPA

The apartment community was marketed as having “controlled-access” parking. Gates were frequently left open and residents were directed to park in exposed areas, despite advertising that promised otherwise. This may constitute deceptive trade practices and fraudulent inducement under Texas law.

Security and Property Damage – Potential Negligence Claims

If your car was damaged, broken into, or stolen while living at Dominion Post Oak — especially during a time when the gates were left open or access was unsecured — you may be entitled to compensation under Texas premises liability law and related duty of care obligations.

Landlords have a legal responsibility to maintain reasonably safe common areas — especially when they advertise features like “controlled-access” parking. This duty exists regardless of what the lease says, and failing to secure gates or warn residents of known risks may constitute negligence in some cases.

We encourage you to share your experience using the form and request more information about potential claims. Your situation may overlap with ongoing concerns related to security misrepresentation, breach of duty, or property negligence.

Have You Experienced Something Similar?

If you’re a current or former resident of Dominion Post Oak and experienced:

• Unlawful utility shutoff

• Harassment or retaliation from staff

• Deceptive advertising about security or amenities

• Baseless lease violations or towing threats

We want to hear from you. Submit your experience by filling out the message section in the form.

Legal Support Available

We understand that many tenants don’t speak up because of the time, stress, or cost involved.

To support those affected by the water shutoff and related issues, we’re offering limited legal fee assistance to help with:

• Filing small claims actions

• Financial assistance for qualified tenants - we’ll help cover legal fees for independent claims

• Accessing legal consultation or document review

If you experienced retaliation, harassment, or misleading conduct, we may be able to help cover or coordinate resources. This is not legal advice, but a community-led effort to ensure no one is silenced due to financial pressure.

This site does not provide legal advice — we are offering support to help tenants understand their rights and pursue their own claims if they choose.

If interested, let us know in the form and we’ll reach out.

Note:
Filing an independent legal claim may affect your eligibility to participate in a future class action or coordinated legal effort. We encourage you to request more information if you’re unsure about your options or want to learn more about the nature of our claims and where there may be overlap. Understanding how your experience fits into the broader legal context may help you make the best decision for your situation. This site does not provide legal advice. We are a community-led effort focused on informing tenants of their rights, supporting those who choose to act, and helping coordinate resources where needed.

Disclaimer:

This site is not affiliated with Dominion Post Oak, Westdale Asset Management, or any of their subsidiaries. It exists solely to inform tenants of their rights regarding the water shutoff that occurred at Dominion Post Oak on January 15, 2024.

Relevant Property Information:

• Property Name: Dominion Post Oak

• Address: 2323 McCue Rd, Houston, TX 77056

• Management Company: Westdale Asset Management

• Legal Entity: Westdale Dominion Post Oak, LP

• The on-site property manager at the time was identified in correspondence as Tracy Sosa.