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Can You Sue an Apartment Complex for Negligence in Texas?

Yes, if you were injured because your apartment complex failed to maintain safe conditions, you may have the right to sue for negligence under Texas premises liability law. Unsafe living conditions should not be something you accept just because you rent.

The lawyers at Johnson Garcia LLP bring over 35 years of experience and more than $200 million recovered for clients across Texas. Contact Johnson Garcia LLP today for a free consultation.

When You Can Sue an Apartment Complex for Negligence in Texas

You can sue an apartment complex for negligence when the property owner or landlord knew about a dangerous condition and failed to fix it within a reasonable time. Apartment complex negligence falls under Texas premises liability law, which requires property owners to maintain a reasonably safe environment for tenants and visitors. When a landlord ignores a known hazard and someone is injured as a result, the law provides a path to hold that owner accountable.

Johnson Garcia LLP has represented injured Texans for over 35 years, with more than $200 million recovered for clients harmed by the negligence of others. The firm investigates what the apartment complex knew, how long the hazard existed, and what the owner failed to do about it.

What an Apartment Complex Negligence Claim Involves

What Counts as Apartment Complex Negligence in Texas

Apartment complex negligence covers a wide range of failures by a landlord or property owner. Broken stairways, faulty wiring, leaking pipes, missing smoke detectors, poor lighting, and inadequate security all qualify when the owner knew or should have known about the problem and failed to correct it. A pattern of ignored maintenance requests from tenants often strengthens the case significantly.

What You Need to Prove to Sue Your Apartment Complex

To succeed in an apartment complex negligence claim, you must prove four elements by a preponderance of the evidence. The owner owed you a duty to maintain safe premises. The owner breached that duty by failing to fix a known hazard.

That breach directly caused your injury. And you suffered actual damages, such as medical costs or lost income, as a result.

Can You Sue a Property Management Company for Negligence

Texas Property Code Section 92.001 defines the landlord as the property owner, not the management company. However, if you are asking whether you can sue a property management company, the answer is often yes when the company’s own negligence contributed to your injury. Both the owner and the management company can be named as defendants in the same apartment complex lawsuit.

What You Can Recover in an Apartment Complex Lawsuit

An apartment complex lawsuit can recover compensation for the full scope of harm caused by the owner’s negligence. Recoverable damages include medical and therapy costs, lost wages, pain and suffering, and emotional distress that continues after the physical injuries heal. In cases involving extreme or deliberate negligence, a court may also award exemplary damages intended to punish the responsible party.

Why Choose Johnson Garcia LLP for Your Apartment Negligence Case

An apartment complex negligence claim requires proving that the owner’s failure directly caused your injury, often against a landlord backed by commercial insurance and experienced defense lawyers. Those companies have a financial interest in paying as little as possible, and an injured tenant needs an equally prepared advocate.

Johnson Garcia LLP brings over 35 years of experience and more than $200 million recovered for injured Texans to every case the firm accepts. Past results do not guarantee future outcomes, but they reflect a consistent commitment to trial-ready preparation. The lawyers at Johnson Garcia pursue claims against property owners, management companies, and any party whose negligence created the unsafe condition. Johnson Garcia prepares every case as though it will be tried before a jury.

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What Texas Law Says About Apartment Complex Negligence

Texas law places specific obligations on apartment owners and provides tenants with legal tools when those obligations are broken. The most important rules are:

  • Landlord duties under Property Code Chapter 92: Texas landlords must maintain the structural integrity of the property, keep common areas safe, and respond to repair requests that affect a tenant’s health or safety. A landlord who ignores a documented hazard violates these duties.
  • Security devices under Section 92.153: Landlords must provide door locks, deadbolts, peepholes, window latches, and sliding-door pin locks in every rental unit. Failing to install or repair these devices can create added liability after a break-in or assault.
  • Statute of limitations: Most apartment negligence claims must be filed within two years of the injury under Texas Civil Practice and Remedies Code Section 16.003.
  • Modified comparative fault: Texas reduces your recovery by your percentage of fault and bars it entirely if you are found more than 50 percent responsible for the injury.

How an Apartment Complex Negligence Claim Works in Texas

An apartment complex negligence claim in Texas typically moves through three stages.

  • Step 1: Investigation and Evidence Preservation. The lawyers at Johnson Garcia act quickly to preserve maintenance records, tenant complaints, photographs of the hazard, and any correspondence with management before the complex can alter or discard that evidence.
  • Step 2: Filing the Claim and Discovery. Once the claim is filed, both sides exchange evidence through discovery, the formal process of requesting documents, taking depositions of property management officials, and inspecting the property.
  • Step 3: Settlement Negotiation or Trial. Many apartment negligence claims settle once the evidence of a known, unrepaired hazard becomes clear, but Johnson Garcia is prepared to take the case to trial when the opposing side refuses a fair amount.

Contact Johnson Garcia LLP About Your Apartment Negligence Claim

If you were injured because your apartment complex ignored a known hazard, you deserve a legal team that will hold the owner accountable. Living with unsafe conditions and then suffering an injury because of them is a burden no tenant should carry alone.

Texas Apartment Complex Negligence F.A.Q

Can I sue my apartment complex if I slipped and fell?

Yes. If the fall was caused by a hazard the apartment complex knew about and failed to repair, you may have a premises liability claim. Common examples include wet floors, broken steps, and uneven walkways.

What if my apartment complex ignores my maintenance requests?

Documented maintenance requests that the complex ignored or delayed strengthen an apartment complex negligence claim by proving the owner knew about the hazard and failed to act. Keeping copies of every request, email, and text message protects the claim.

How long do I have to file an apartment complex lawsuit in Texas?

Most apartment negligence claims must be filed within two years of the injury under Texas Civil Practice and Remedies Code Section 16.003. Missing that deadline almost always bars the claim entirely.

How much does it cost to hire a lawyer for an apartment negligence case?

There is no upfront cost to hire Johnson Garcia LLP for an apartment negligence case. The firm works on a contingency basis, which means legal fees come out of any recovery rather than your pocket. You owe nothing unless the firm recovers compensation for you.

Other Areas in Texas Johnson Garcia LLP Serves

Apartment complex negligence affects tenants across Texas, and every injured renter deserves experienced representation. You should not face a negligent landlord and its insurer without an advocate who understands how to connect a documented hazard to the owner’s failure to act. Based in Houston, Johnson Garcia LLP represents clients throughout the state.

Johnson Garcia LLP serves clients in these areas and others across Texas:

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