Hurt at your apartment in Austin: when the landlord is liable and finding a lawyer
A Texas landlord generally is not liable for dangers inside your unit, but can be for common areas it controls, bad repairs and hidden defects. In Austin, check the building's code history through Citizen Connect. Most injury suits must be filed within 2 years.
Last checked November 9, 2026 · Official sources (31)
Is my landlord responsible for my injury in Austin?
Where you got hurt matters more than almost anything else. Census data show only 43.4% of Austin housing units are owner-occupied, so a large share of the city lives under these rules.
| Where or what | General rule | What helps |
|---|---|---|
| Stairs, walkways, gates, parking lots, pool areas | A landlord may be liable for parts it still controls. | Photos and earlier complaints |
| Inside your unit | Generally no duty for conditions there. | Look for the exceptions below |
| A repair done badly | A landlord who makes repairs may be liable for doing them carelessly. | Work orders, who did the job |
| A danger the landlord hid | Liable if it concealed a defect it knew about. | Emails, past tenants, inspection notes |
| Smoke alarm missing | At least one is required in each separate bedroom. | Lease, photos, fire report |
| Window latch or door lock | Latches are required on exterior windows. Security devices must be fixed when you ask. | Your written request |
One trap: the Texas repair statute people quote online does not apply to personal injury cases, the state supreme court has said. The repair chapter also leaves injury suits in place. So a repair letter is proof the landlord knew. It is not your whole claim.
How do I check an Austin apartment's code violations?
Austin gives renters more to work with than most Texas cities. You can search code complaints by address, case number or region through Citizen Connect. Earlier complaints about the same stairs or railing can show that someone knew.
Then check the Repeat Offender Program, created in 2013 to register rentals with multiple code violations. It counts conditions that are dangerous, meaning likely to cause physical harm or injury to someone. Registered properties are shown on a public map and inspected annually. A listing does not prove your injury was the landlord's fault, but it is the kind of history a lawyer will want.
The city's Safe At Home checklist is a good guide for photos. It tells renters to check for handrails and guardrails that are cracked, loose or missing.
What should I do after getting hurt at my apartment in Austin?
- Get care, and tell the doctor exactly where and how it happened.
- Photograph the spot before maintenance shows up, with a date on your phone.
- Tell the office in writing. Use certified or tracked mail for repair demands. Note that late rent can defeat the repair remedy.
- Report the hazard to code. Call 3-1-1 in business hours, or use the app or website anytime. You can report anonymously.
- Get the case number. Code Connect at 512-974-2633 can give you updates.
- Ask who owns the building. The landlord must tell you within 7 days of a request.
Worried about being pushed out for complaining? The city publishes a flyer on protection from retaliation, in English and Spanish. The Austin Tenants Council can help with tenant-landlord problems at 512-474-1961.
Who pays for an apartment injury in Austin?
Usually the insurer of the owner or management company. Your lease may have language trying to limit claims, but some Texas duties, including security devices and owner disclosure, cannot be waived. Your own part of the blame is counted. Above 50 percent, you get nothing.
If the owner is a public body, such as a housing authority, the rules change. Texas generally requires notice within 6 months. If the owner is the City of Austin itself, the city says 45 days. Ask who owns the property before you assume you have two years.
Which court handles an apartment injury case in Austin?
It depends on how much you are asking for. Travis County justice courts hear small claims up to $20,000. County courts at law mainly hear civil cases from $500 to $250,000. Serious injuries often go to a higher court. A small claims case may look simple, but it can use up your claim, so talk to a lawyer first if you have ongoing care.
What should I ask an apartment injury lawyer in Austin?
- Does this area count as one the landlord controlled?
- Will you pull the code complaint history for my address?
- Who owns this building, and who insures it?
Questions
How long do I have to sue my landlord in Austin?
Generally 2 years. A claim against a public owner needs notice much sooner.
Can my Austin landlord kick me out for reporting a code violation?
Austin publishes resources on protection against retaliation. Call the Austin Tenants Council at 512-474-1961 for help.
Is my landlord responsible if I slip inside my unit?
Generally not, unless a bad repair or a hidden defect the landlord knew about caused it.
Where can I see if my building has a history?
Citizen Connect and the public map of repeat offender rentals.
Hurt at your apartment in Austin? See if you are owed money.
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See if I’m owed moneySources (31)
- Texas Supreme Court, Johnson County Sheriff's Posse v. Endsley (1996), checked 2026-11-09. “A lessor generally has no duty to tenants or their invitees for dangerous conditions on the leased premises.”
- Texas Supreme Court, Johnson County Sheriff's Posse v. Endsley (1996), checked 2026-11-09. “a lessor who makes repairs may be liable for injuries resulting from the lessor's negligence in making the repairs”
- Texas Supreme Court, Johnson County Sheriff's Posse v. Endsley (1996), checked 2026-11-09. “A lessor who conceals defects on the leased premises of which the lessor is aware may also be liable.”
- Texas Supreme Court, Johnson County Sheriff's Posse v. Endsley (1996), checked 2026-11-09. “a lessor may be liable for injuries caused by a defect on a portion of premises that remain under the lessor's control”
- City of Austin, Safe At Home, checked 2026-11-09. “You can also search for code complaints in Austin by address, case number, or region through the Citizen Connect tool.”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Texas Property Code 92.056, checked 2026-11-09. “by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery”
- Texas Property Code 92.201, checked 2026-11-09. “on or before the seventh day after the day the landlord receives the tenant's request for the information”
- City of Austin, Repeat Offender Program, checked 2026-11-09. “This information is available to the public on the Map of Repeat Offender Registrations.”
- U.S. Census Bureau, QuickFacts: Austin city, Texas, checked 2026-11-09. “Owner-occupied housing unit rate, 2020-2024 | 43.4%”
- Texas Property Code 92.255, checked 2026-11-09. “A landlord shall install at least one smoke alarm in each separate bedroom in a dwelling unit.”
- Texas Property Code 92.153, checked 2026-11-09. “a window latch on each exterior window of the dwelling”
- Texas Property Code 92.158, checked 2026-11-09. “a landlord shall repair or replace a security device on request or notification by the tenant”
- Texas Supreme Court, Timberwalk Apartments v. Cain (1998), checked 2026-11-09. “it does not apply in a personal injury case”
- Texas Property Code 92.061, checked 2026-11-09. “any right a landlord or tenant may have to bring an action for personal injury or property damage under the law of this state”
- City of Austin, Repeat Offender Program, checked 2026-11-09. “The Repeat Offender Program (ROP) was created in 2013 as a rental registration program for properties with multiple code violations.”
- City of Austin, Repeat Offender Program, checked 2026-11-09. “conditions that are dangerous (likely to cause physical harm or injury to someone)”
- City of Austin, Repeat Offender Program, checked 2026-11-09. “Properties will be inspected annually to ensure compliance.”
- City of Austin, Safe At Home, checked 2026-11-09. “Check that the rails are not cracked, loose, missing, incorrectly spaced, or lacking protective treatment.”
- Texas Property Code 92.056, checked 2026-11-09. “the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given”
- City of Austin, Code Compliance Resources, checked 2026-11-09. “You can submit a code complaint during business hours by calling Austin 3-1-1 (311), or anytime online or through the Austin 3-1-1 app.”
- City of Austin, Report a code violation, checked 2026-11-09. “You can always report anonymously.”
- City of Austin, Common Austin Code Violations, checked 2026-11-09. “call Code Connect at 512-974-2633”
- City of Austin, Code Compliance Resources, checked 2026-11-09. “Retaliation protection flyer: English (PDF) | Spanish (PDF)”
- City of Austin, Code Compliance Resources, checked 2026-11-09. “Phone: 512-474-1961”
- Texas Property Code 92.006, checked 2026-11-09. “security devices, the landlord's disclosure of ownership and management, or utility cutoffs”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
- Travis County JP5, Filing a Lawsuit in Justice Court, checked 2026-11-08. “The claim can be for no more than $20,000”
- Travis County Clerk, Civil, checked 2026-11-08. “between $500.00 and $250,000.00”