For many, apartment hunting can be an incredibly complicated and often overwhelming process. As such, you may be overjoyed when you find a unit within your budget that’s close to work and even has a dishwasher or in-unit laundry. However, as time progresses, you may begin to notice unsafe conditions in your apartment. Unfortunately, if your landlord does not remedy these matters, it can lead to serious injuries or illnesses. As such, the following blog explores what you should know if you are a tenant living in an unsafe apartment and the steps you can take with the help of a Tom Green County, Texas personal injury lawyer to discuss your legal options.
Are Landlords Legally Responsible for Maintaining Safe Properties?
Under Texas law, any landlord who owns and rents a property must ensure they maintain safe, structurally sound, and sanitary conditions. This is because Texas, like the overwhelming majority of states, has an implied warranty of habitability. Essentially, this means that landlords are required to ensure that their properties are not only up to local building codes, but that the basic standards of habitability are met. This includes providing functioning electricity, plumbing, and security features.
It is imperative to understand that this waiver cannot be waived. As such, even if you signed a lease agreement that waives your right to the implied warranty of habitability, this is not legally binding, and your landlord cannot hold you to this standard.
Common problems in your unit that can warrant unsafe conditions under Texas law include, but are not limited to, the following:
- Unsafe stairs (risers that are too high, narrow treads, missing handrails)
- Bugs or other pests
- Insufficient lighting in common areas or stairwells
- Broken doors or locks
- Water leaks
- Mold
What Should I Do if I’m Injured Because of an Unsafe Condition?
In the event you are injured in your rental property as a result of hazardous conditions, it’s critical to understand the steps you should take. Generally, the most important thing you should do is immediately inform your landlord of the hazard and your subsequent injury and seek immediate medical attention. Receiving care not only ensures that your health and well-being are prioritized, but it can also help support your claim, as a delay in medical care allows your landlord to claim that your injuries must not be as bad as you allege or that your failure to mitigate damages by seeking care worsened your injuries.
You should also take photos and videos of the unsafe conditions on the property if you are physically able to. This can help provide crucial evidence to support your claim. You may also want to speak with neighbors and other tenants who can provide testimony about the hazard.
For your landlord to face liability, you’ll need to show that they knew about or should have known about the unsafe conditions. As such, you should also gather any evidence you have to support this, such as emails to the landlord about the hazard or photos you may have taken weeks prior to the incident of the same condition.
Finally, you’ll want to connect with an experienced personal injury attorney with the Mathis Law Firm, PLLC. Our team believes that no one should feel unsafe in their home, which is why we will work tirelessly to help you fight for the justice and compensation you deserve from your negligent landlord. When you need help, do not hesitate to contact our team today.
