Moved out before selling, holding an estate home, or between tenants? Learn how Texas dwelling policies treat vacant homes, freeze damage, and vacancy endorsements.
By Ryan Rodenbeck · Published · 5 min read · Educational only — not a policy or quote
An empty house is easy to forget about until the first hard freeze. If you've already moved out before closing, you're holding a family member's home while an estate is settled, or your rental is between tenants, your insurance may not work the way it did when someone lived there. Freeze season is a good time to check.
This guide covers what the standard Texas dwelling policy forms say about vacant and unoccupied homes, why freeze damage needs its own attention, and what to ask your agent.
The Texas Department of Insurance (TDI) puts it plainly in its consumer home insurance guide: if your house is vacant for 60 days or more, "most companies stop your coverage if your house is vacant for that long." TDI adds that companies usually don't stop your liability coverage, and it recommends talking to your company if you plan to be away for an extended time [1].
TDI's guide also lists "losses that occur if your house is vacant for the number of days specified by your policy" among the things a homeowners policy may not cover [1]. The key phrase is specified by your policy. The exact rule depends on your form, so read yours.
Many Texas rental and non-owner-occupied homes are insured on a Texas Dwelling Policy (TDP) form, prescribed by TDI. Both the TDP-1 and TDP-3 specimen forms contain this vacancy condition:
"During the policy term, if an insured building is vacant for 60 consecutive days immediately before a loss, we will not be liable for a loss by the perils of fire and lightning or vandalism or malicious mischief. Coverage may be provided by endorsement to this policy." [2][3]
What that means in practice:
Many insurers use their own forms instead of the TDI-prescribed ones, and wording can differ. Your policy and its endorsements are what control.
The TDP-3 has a freezing exclusion that works separately from the 60-day clock. It excludes:
"loss caused by or resulting from freezing while the building is unoccupied unless you have used reasonable care to: (1) maintain heat in the building; or (2) shut off the water supply and drain plumbing, heating and air conditioning systems of water." [3]
Two things stand out. First, it applies "while the building is unoccupied," not after 60 days. Second, it gives you two ways to protect yourself: keep the heat on, or shut off and drain the water. If you do neither, a burst pipe in an empty house may not be covered.
The TDP-3 uses both words: the vacancy condition refers to a building that is vacant, and the freezing exclusion refers to a building that is unoccupied. Under some policies, a furnished home with nobody living in it may be treated as unoccupied without being vacant. Definitions vary by form, and some forms don't define them at all.
TDI's advice is direct: "Ask your insurance company or agent how the company defines vacancy and if it will pay claims on a vacant house. Also ask if the company offers coverage for a home that's vacant for an extended period of time." [4]
For listing agents: If you’re listing a home that’s already vacant, feel free to share this page with your seller so they can check their coverage before the 60-day mark and before the next freeze.
Spyglass Insurance Agency writes vacant home policies for homes that are listed for sale, inherited, or between tenants. Every home and situation is different, so call us at 512-965-1480 or contact us to review your options and request a quote.
Spyglass Insurance Agency, LLC · Texas Department of Insurance license #3532029 · 8501 N Mopac Expy STE 110, Austin, TX 78759 · 512-965-1480
This article is general information, not legal advice or a statement of coverage. Your policy's terms and endorsements control.
It depends on your policy. TDI says most companies stop coverage if a house is vacant for 60 days or more, though they usually don't stop liability coverage. Check your policy and talk to your agent before the home sits empty.
In the Texas Dwelling Policy forms prescribed by TDI, if the building is vacant for 60 consecutive days immediately before a loss, the company won't pay for fire and lightning or vandalism and malicious mischief losses. The form says coverage may be added by endorsement.
Under the TDP-3, freezing damage while the building is unoccupied is excluded unless you used reasonable care to keep the heat on, or shut off the water and drained the plumbing, heating, and air conditioning systems. This rule doesn't wait 60 days.
It's a change to your policy that can restore coverage the vacancy condition would otherwise remove. Availability and terms depend on the insurance company.
Not always. Some policies treat a furnished home with no one living in it as unoccupied but not vacant. Ask your agent how your company defines each term.
Tell your agent the home is empty, ask how long it has counted as vacant, and ask about endorsement or vacant dwelling options. Then keep the heat on or drain the water before the next freeze.
Educational information only, current as of the publish date. Not legal advice and not a guarantee of coverage, eligibility or rates; all policies are subject to underwriting and the terms of the policy.
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