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Apartment Complex Lawyer Texas
Living in an apartment should be safe and comfortable, but unfortunately, many tenants experience harmful conditions due to negligent landlords. Whether it’s hazardous mold, poor security, broken plumbing, or other dangerous issues, these problems can have serious consequences for your health and well-being. At Mokaram Injury Lawyers, we are committed to standing up for tenants who have been harmed by unsafe living conditions.
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At Mokaram Injury Lawyers, we fight for tenants harmed by unsafe living conditions. Our experienced Texas apartment complex lawyers understand landlord-tenant law and take aggressive action against negligent landlords.We guide tenants through every step of the legal process, from gathering evidence to negotiating settlements or pursuing litigation. Our goal is to hold landlords accountable and secure the compensation you deserve for injuries, medical expenses, lost wages, and pain and suffering.
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Table of Content
Landlord-Tenant Laws in Texas
Texas law sets clear guidelines for landlord-tenant relationships, outlining tenant rights and landlord responsibilities. These regulations cover lease agreements, rental payments, security deposits, eviction procedures, and the landlord’s duty to maintain safe, habitable living conditions.
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Tenants have legal protections against landlord negligence that could impact their health or safety. Issues like mold, faulty wiring, broken plumbing, and inadequate security can create dangerous living conditions, and landlords are legally required to address them. If a landlord fails to uphold their responsibilities, tenants may have legal options, including filing complaints, requesting repairs, or pursuing compensation for damages. Understanding these laws is essential to protecting tenant rights and ensuring landlords meet their obligations.
Common Causes of Apartment Injuries
Apartment injuries are often caused by neglected conditions that landlords fail to address, putting tenants at risk. Some common causes include:
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Slip and Fall Accidents
Wet floors, poor lighting, and uneven flooring are frequent causes of falls in apartment complexes. Tenants who suffer injuries due to these conditions may be entitled to compensation, especially if the landlord was negligent in cleaning or repairing these hazards.
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Structural Defects
This includes collapsed ceilings, crumbling walls, or faulty plumbing that causes water damage. Such defects can lead to serious injury or property damage. In Texas, a tenant could sue if a structural defect was known to the landlord but left unrepaired.
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Fire Hazards
Landlords must maintain functioning fire alarms, sprinklers, and ensure that the building’s wiring is safe. Failing to do so can lead to severe injuries or fatalities in case of a fire. Tenants may be entitled to compensation if negligence in fire safety measures contributed to an injury or loss.
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Elevator and Escalator Accidents
Faulty or poorly maintained elevators and escalators can cause severe injuries, especially in multi-story apartment buildings. Regular inspections and prompt repairs are the landlord’s responsibility. A failure to adhere to these standards may expose them to liability.
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Mold Toxic Exposure
Mold growth is a common issue in apartments, especially in damp or poorly ventilated areas. Toxic mold can cause respiratory problems, skin irritation, and other health issues. If the landlord is notified of mold but fails to resolve it, they may be held responsible.
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Inadequate Security
If a landlord fails to provide adequate security measures—such as functioning locks, security lighting, or surveillance cameras—and a tenant is assaulted or robbed as a result, the landlord could be held liable for negligence.
What Are the Legal Rights of a Tenant?
Tenants in Texas have legal rights designed to protect them from unsafe living conditions. One of the most important rights is the right to a safe and habitable environment. Landlords are required to maintain rental properties, ensuring they are free from hazards that could cause injuries. This includes addressing structural defects, faulty wiring, plumbing issues, mold growth, and inadequate security. If a landlord fails to make necessary repairs after being notified, tenants may have legal options to seek remedies, including filing complaints or pursuing compensation for damages caused by unsafe conditions.
How to Prove Landlord’s Negligence
Proving a landlord’s negligence in Texas involves several key factors. The landlord is responsible for maintaining a safe living environment, and a tenant must demonstrate that the landlord’s failure directly caused their injury. Under Texas Property Code § 92.056, landlords must make timely repairs when notified about conditions that affect a tenant’s health or safety. Failure to act may result in legal liability. Here are the steps to establish negligence:
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Failure to Maintain Safe Conditions
Texas landlords are legally required to provide a habitable living space. If they fail to fix known issues such as broken steps or faulty plumbing, this could be considered negligence. Evidence like maintenance records or photos of the hazard can show the landlord’s failure to act.
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Notice of Dangerous Conditions
To prove negligence, tenants must show that the landlord was aware of the dangerous condition and failed to remedy it. Written complaints or prior reports can strengthen the case. For instance, if a tenant reported mold or inadequate lighting and the landlord didn’t act within a reasonable time frame, the landlord may be held liable.
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Causation and Injury
The tenant must connect the injury directly to the landlord’s negligence. For example, if a tenant falls due to a broken railing that was not repaired despite the landlord’s knowledge, the tenant must show that this condition led to their injury.
Collecting and Preserving Evidence of Negligence
To build a strong case, tenants should gather and preserve as much evidence as possible:
Take Photos and Videos
Documenting the dangerous condition, the injury, and the surrounding environment is crucial. These images can serve as strong evidence of negligence.
Keep Records of Communication
All communication with the landlord, including emails, letters, or text messages, should be saved. This helps demonstrate that the landlord was informed of the issue and failed to address it.
Witness Statements
If anyone witnessed the incident or is aware of the hazardous condition, their testimony can be invaluable in proving negligence.
Medical Records
Any medical treatment related to the injury should be documented. This includes doctor visits, prescriptions, hospital bills, and other health-related costs. These records can establish the severity of the injury and the need for compensation.
How to File a Claim Against a Negligent Landlord
Taking legal action against a landlord for unsafe living conditions or negligence requires a structured legal process. Our Texas landlord-tenant lawyers guide tenants through every step, ensuring they maximize their chances of securing the compensation they deserve.
Gathering Evidence of Unsafe Conditions
Strong evidence is essential for proving negligence. This includes photos or videos of hazardous conditions, copies of written complaints, maintenance requests, and witness statements from neighbors or other tenants who have experienced similar issues.
Providing Proper Legal Notice
Under Texas law, tenants must formally notify landlords of dangerous conditions and allow a reasonable time for repairs. This written notice serves as crucial documentation in a claim, demonstrating that the landlord was aware of the issue but failed to take corrective action.
Filing a Complaint or Lawsuit
If the landlord does not address the problem, tenants may have grounds to file a complaint with local housing authorities or pursue a lawsuit. Our Texas landlord lawyer​s help tenants determine the best legal course based on the severity of the issue and the landlord’s level of negligence.
Negotiating a Settlement or Taking the Case to Court
Many landlord-tenant disputes are resolved through negotiations, where the landlord agrees to compensate the tenant for damages. If a fair settlement cannot be reached, our legal team is prepared to take the case to trial, ensuring the landlord is held accountable.
What Compensation Can You Recover in a Landlord Negligence Case?
When a landlord’s negligence leads to injuries or damages, tenants may have the right to seek financial compensation for their losses. The types of compensation available depend on the severity of the harm and its impact on the tenant’s life.
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Medical Costs
This includes emergency room visits, hospital stays, surgeries, doctor appointments, prescription medications, physical therapy, and any ongoing medical treatment required due to the injury. If long-term care is needed, future medical costs may also be factored into the claim.
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Lost Wages and Reduced Earning Capacity
If injuries prevent a tenant from working, they may be entitled to compensation for lost wages. In cases where the injury results in a long-term disability that affects future employment opportunities, additional damages may be awarded for diminished earning potential.
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Pain and Suffering
Physical pain, emotional distress, and reduced quality of life are all considered in a negligence claim. If an injury leads to chronic pain, anxiety, depression, or PTSD, tenants may receive compensation for these non-economic damages.
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Punitive Damages
In extreme cases where a landlord’s actions show gross negligence or willful disregard for tenant safety, the court may award punitive damages. These are designed to punish the landlord and deter similar behavior in the future.
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Top Rated Lawyers In Texas
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What Our Clients Say
Real stories from real people we’ve helped win.
Why Choose Mokaram Injury Lawyers for Your Apartment Complex Claim?
Here’s why Mokaram Injury Lawyers is the best choice for your apartment complex claim in Texas:
Dedicated Expertise
Our team specializes in landlord-tenant disputes, focusing on unsafe living conditions in apartment complexes. With years of experience in handling cases like mold, inadequate security, and faulty plumbing, we are equipped to take on even the most complex cases.
Aggressive Legal Representation
We are relentless in our pursuit of justice. Whether negotiating settlements or litigating in court, we fight to hold negligent landlords responsible and ensure you receive fair compensation for your suffering.
Risk-Free Legal Support
You don’t pay unless we win. We operate on a contingency fee basis, so you can get the help you need without worrying about upfront costs or financial risk.
Thorough Case Preparation
We take a comprehensive approach to building your case. Our landlord lawyers in texas​ work with medical professionals and gather crucial evidence to document the extent of your injuries, helping ensure your claim is as strong as possible.
FREE CASE REVIEW
Top Rated Lawyers In Texas
Mokaram Injury lawyers will contact you for a Free Legal Consultation.
Meet Our Texas Apartment Complex Lawyers
Unsafe conditions in apartment complexes can lead to serious injuries, and at Mokaram Injury Lawyers, we fight to hold negligent property owners accountable. Whether you’ve suffered due to poor maintenance, security failures, or hazardous conditions, our legal team is ready to demand the compensation you deserve. With a proven record of success, we stand by tenants and visitors who have been harmed due to negligence.
Founder, Attorney At Law
Payman Momeni
Senior Attorney
Sasha Seyvani
Attorney At Law
Walter Champion
Author, Adjunct Professor
Ron Welsh
Of Counsel
Christopher Bertini
Of Counsel
Paul Higdon
Of Counsel
Awards & Honors
Media Mentions
Frequently Asked Question (FAQs)
Yes, if the landlord's actions, such as neglecting property maintenance or discriminatory behavior, cause emotional distress or violate fair housing laws, a tenant may have grounds to sue for compensation.
If the tenant was injured due to inadequate security or other landlord failures, hiring a lawyer is recommended to ensure proper compensation and protect rights.
The amount a tenant can sue for depends on the extent of the injuries, medical expenses, lost wages, and other damages. A skilled lawyer can help assess the case value.
Tenants can report unsafe conditions to local housing authorities or file a lawsuit if the landlord fails to address the issues. Document all communications and take legal steps if necessary.
