Hurt at your apartment in El Paso: when the landlord is responsible

Texas landlords generally are not liable for conditions inside your unit, with exceptions for bad repairs, hidden defects and common areas they control. In El Paso, tenants can call city Building Inspectors. You generally have 2 years to sue. Public housing can need notice in 6 months.

Last checked November 9, 2026 · Official sources (32)

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Road map of El Paso showing the central neighborhoods near Segundo Barrio and the larger streets around them
HOME is a housing authority, so a claim may need notice in 6 months. Map data © OpenStreetMap contributors.

When is an El Paso landlord responsible for my injury?

It depends on where you were hurt and why. Texas starts with a rule that favors landlords: a lessor generally has no duty for dangerous conditions on the leased premises. The exceptions are where most apartment claims live.

Where and howCan the landlord be liable?El Paso example to look for
Stairs, pool gate or parking lot the landlord controlsYes, it may beA rail or light in a common area
A repair done badlyYes, it may beA ceiling or heater that failed after a fix
A danger the landlord knew about and hidYes, it may beA problem painted over before you moved in
A condition inside your unit, no repair, nothing hiddenUsually notTalk to a lawyer about the facts

Other duties can help. A landlord must put at least one smoke alarm in each separate bedroom. Window latches are required without a request. A landlord must repair or replace security devices when told. Texas's repair law does not itself decide injury suits, but it leaves your right to bring one in place.

How do I ask for repairs in El Paso so it counts?

Tenant problems are among the top requests the city's 311 line receives. A brochure from Texas RioGrande Legal Aid on the city's Fair Housing page lays out the steps. Follow them even if you are already hurt, since they create a record.

  1. Keep paying your rent on time. Being late when you give notice can defeat the repair remedy.
  2. Write a dated letter listing each repair. Keep a copy.
  3. Send it by certified or tracked mail, which can satisfy the notice rule in one step.
  4. Expect the landlord to have 7 days, with exceptions for very serious problems or vulnerable tenants.
  5. Call the city's Building Inspectors or 311 and ask for an inspection report.
  6. Save every photo, text and medical record tied to the problem.

For 6 months after you ask for repairs or call inspectors, your landlord cannot end your lease or raise your rent as punishment. Need the owner's name? The landlord must give it within 7 days of your request. Code Enforcement covers property maintenance, and its findings can help show what was wrong.

What if I live in public housing run by HOME in El Paso?

Your timeline changes. HOME is the Housing Authority of the City of El Paso, and it says it houses more than 52,000 El Pasoans across 99 communities. Texas law says a housing authority is a unit of government for the Tort Claims Act. It also says a housing authority follows landlord obligations in the Property Code, other than a suit for personal injuries.

In plain terms, plan as if a government deadline applies. Give written notice of an injury within 6 months. The city's 90-day sworn notice is written for claims against the City of El Paso itself, so ask a lawyer whether it matters for your claim, and move on the shorter date if you are unsure. Claims against government bodies are limited, and many apartment injuries do not fit. Get advice early.

Which court handles an El Paso apartment injury?

That depends on how much is at stake. The county's Justice of the Peace page says civil matters up to $10,000, while the Texas rules allow small claims up to $20,000. Because the two sources differ, call the court before you file. Larger injury cases usually go to district court, where the District Clerk keeps Injury or Damage filings at 500 E San Antonio, Suite 103.

  • Deadline to sue for most injuries: 2 years.
  • More than 50 percent at fault means no recovery.
  • Free or low-cost help: Texas RioGrande Legal Aid at 1-888-988-9996, or 915-585-5100 in the county's list.

Who pays? Usually the landlord's liability insurer. Ask for the name of the insurance company in writing, and do not sign a release or a move-out form that mentions your injury without reading it closely.

Questions

How long do I have to sue my landlord in El Paso?

Generally 2 years. A government-run property can need notice within 6 months.

Can I sue if I slipped inside my own El Paso apartment?

Often that is hard, since landlords generally have no duty for conditions inside the unit. A bad repair or a hidden defect can change that.

Who do I call about unsafe conditions in El Paso?

The city's 311 line handles tenant complaints. You can also call the city's Building Inspectors.

Can my landlord evict me for complaining?

For 6 months after you ask for repairs or call inspectors, a landlord cannot end your lease or raise your rent as punishment.

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Sources (32)

  1. 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.”
  2. 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”
  3. 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.”
  4. 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”
  5. Texas RioGrande Legal Aid brochure, City of El Paso, checked 2026-11-09. “you can call the City of El Paso”
  6. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  7. 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”
  8. Tex. Local Gov't Code § 392.006, checked 2026-11-09. “including the application of the Texas Tort Claims Act (Chapter 101 , Civil Practice and Remedies Code), a housing authority is a unit of government”
  9. 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”
  10. HOME, checked 2026-11-09. “Housing Opportunity Management Enterprises is the Housing Authority of the City of El Paso”
  11. Texas RioGrande Legal Aid brochure, City of El Paso, checked 2026-11-09. “For 6 months after you have made a request for repairs or have called the City Inspectors, your landlord cannot:”
  12. 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.”
  13. Texas Property Code 92.153, checked 2026-11-09. “a window latch on each exterior window of the dwelling”
  14. 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”
  15. Texas Supreme Court, Timberwalk Apartments v. Cain (1998), checked 2026-11-09. “it does not apply in a personal injury case”
  16. 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”
  17. City of El Paso, 311, checked 2026-11-08. “Sidewalk Obstruction”
  18. 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”
  19. Texas RioGrande Legal Aid brochure, City of El Paso, checked 2026-11-09. “Your landlord will have 7 days to make the repairs”
  20. City of El Paso, 311, checked 2026-11-08. “Sunday - Thursday 7:00 am to 11:00 pm Friday - Saturday 7:00 am to 2:00 am”
  21. 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”
  22. City of El Paso, Code Enforcement, checked 2026-11-08. “Food (Health) Inspections”
  23. HOME, checked 2026-11-09. “more than 52,000 El Pasoans across 99 communities”
  24. Tex. Local Gov't Code § 392.006, checked 2026-11-09. “other than a suit for personal injuries”
  25. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
  26. El Paso County, Justices of the Peace, checked 2026-11-08. “civil matter when the amount in controversy does not exceed $10,000”
  27. Texas Rules of Civil Procedure, Part V, as posted by Hidalgo County, checked 2026-11-08. “A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000”
  28. El Paso County District Clerk, Civil Cases, checked 2026-11-08. “Foreclosure, Garnishment, Injury or Damage, Malpractice”
  29. El Paso County, Staff Directory: District Clerk, checked 2026-11-08. “500 E San Antonio Suite 103 El Paso, TX 79901”
  30. 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”
  31. Texas RioGrande Legal Aid brochure, City of El Paso, checked 2026-11-09. “1-888-988-9996”
  32. El Paso County Victim Services, checked 2026-11-09. “Texas Rio Grande Legal Aid phone: 915-585-5100”

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