How do I sue my landlord for unsafe living conditions? Living in unsafe conditions is stressful and untenable. It’s also against the law if you’re renting. There’s no good reason for landlords to fail to provide decent, safe conditions for tenants to live.
According to Texas property code § 92.052, renters have a right to demand that the landlord repair any condition that materially affects their physical health or safety. But, unless the damage was created by “normal wear and tear,” the landlord does not have a duty to repair problems caused by you, another lawful occupant, a member of your household, or your guests.
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With that said, let’s take a look at some problems that renters might sue to get negligent landlords to provide safe living conditions.
What Are Some Common Problems That Warrant a Negligence Lawsuit?
If your landlord keeps saying they’ll fix problems like these, but they don’t, it’s probably time to contact expert apartment negligence lawyers:
- Leaking roofs
- Overcrowded units
- Inadequate lighting
- Poor waste management system
- Faulty plumbing, flooring, or electrical connections
- Toxic mold
- Lack of proper fumigation
- Gas and central heating issues
- Elevator malfunction
- Asbestos
- No locks on doors and windows, or compromised lock systems
This isn’t an exhaustive list. If there is something in your apartment or rented property that poses a threat to your health and safety, your landlord is responsible for repairing it in a timely manner.
What Are the First Steps You Should Take Before Suing for Negligence?
First, notify your landlord or property manager about the issues and request action to be taken. This can be done in writing, preferably through certified mail for proof of notice.
Once the landlord or property manager is notified, they should follow up with you and give you a timeline of what to expect. They may dispatch a contractor to your home for inspection and/or send a repairman to fix the problem.
If they failed to respond immediately and/or did not do anything to fix the problem, you may need to take matters into your own hands.
But that doesn’t mean filing a suit in small claims court yourself is the best option…
It’s worth it to get a risk-free case evaluation from legal experts. They already know the best steps to take to make landlords respond, and it doesn’t cost any money upfront.
Not only can apartment negligence claims lawyers help you get dangerous living conditions fixed, but they can also help you get awarded for any damages as a result of landlord negligence.
With legal experts on your side, your outcome will likely be better (and way less stressful) than trying to navigate the claims process from scratch on your own.
Help is closer than you think, and it won’t cost you anything upfront. Don’t hesitate to contact us today and get the response you deserve from Malley Law Firm.
When it comes to landlord-tenant laws and addressing unsafe living conditions, my expertise lies in understanding the legal intricacies and practical steps involved. In this realm, familiarity with statutes, precedents, and common scenarios is key. Texas property code § 92.052 is indeed a critical statute that outlines renters' rights to demand repairs for conditions affecting health or safety. It's crucial to note that landlords aren't always responsible for damages caused by tenants or natural wear and tear.
The list provided encompasses various issues for which tenants might consider legal action due to a landlord's negligence. From leaking roofs to inadequate lighting, each problem directly impacts tenants' health or safety, making them grounds for legal recourse. Notably, before considering legal action, notifying the landlord in writing, preferably through certified mail for documentation, is a fundamental step. This notification triggers the landlord's responsibility to address the issues within a reasonable timeframe.
Engaging legal experts, like those at the Malley Law Firm mentioned in the article, can significantly aid tenants in navigating the legal complexities. These professionals possess the know-how to guide tenants through the process, often beginning with a risk-free case evaluation. Seeking legal assistance not only helps in rectifying dangerous living conditions but also aids in pursuing damages resulting from landlord negligence.
Ultimately, understanding tenant rights, following proper notification procedures, and seeking legal guidance can vastly improve the outcome for tenants facing unsafe living conditions due to landlord neglect.
