Hurt at your apartment in Houston: when a landlord pays and how to find a lawyer
In Texas, a landlord generally is not liable for conditions inside your leased unit, but can be liable for common areas it still controls, negligent repairs and hidden defects it knew about. Houston inspects rentals with three or more units through 311. A suit over a Houston apartment injury generally must be filed within 2 years.
Last checked November 9, 2026 · Official sources (28)
Can I sue my Houston landlord for an injury in my apartment?
It depends mostly on where you got hurt and who controlled that spot. The Texas rule is not friendly to tenants inside the unit. The exceptions are where most claims are made.
| Where or how it happened | General rule | Examples |
|---|---|---|
| Inside your unit, an ordinary condition | Landlord generally has no duty | A worn carpet you already knew about |
| Common areas the landlord controls | Landlord may be liable | Stairs, balconies, walkways, pool gates, parking lots |
| A repair done badly | Landlord may be liable | A railing that was fixed and then gave way |
| A defect the landlord hid | Landlord may be liable | Known rotten decking painted over |
| A missing safety device | Specific Texas duties apply | Smoke alarm in each bedroom, window latches |
A tenant's repair notice matters, but be careful how it is used. Texas makes a landlord try diligently to fix conditions that materially affect health or safety, and the Texas Supreme Court has said that section does not apply in a personal injury case.
The chapter still leaves injury suits in place. Your repair letters are still useful proof the landlord knew. Being late on rent can hurt the repair remedy, so keep your payment records too.
What does the City of Houston inspect at apartment complexes?
Houston's Multi-Family Habitability Program covers rental properties with three or more units, and those properties must register with the city. Inspectors look at stairways, balconies, railings, exterior lighting and walkways. So the things that hurt people outdoors are the things the city looks at.
Capacity is limited. The program gets about 3,300 to 3,600 complaints through 311 each year and completes about 1,200 inspections. A complaint may wait, and a clean record does not mean a place is safe.
A city violation helps, but it is not a lawsuit by itself. Houston's apartment code says its purpose is not to set legal rights or liabilities between an owner and a tenant. Think of it as proof the owner was on notice. For fire hazards, call the Houston Fire Marshal's Office at 832-394-6900, or 713-884-3143 after hours.
What do I do after I get hurt at my Houston apartment?
- See a doctor and say what failed in your building, whether a stair, a light or a lock.
- Photograph the spot before maintenance fixes it. Include a wide shot and a close shot.
- Report it to the office in writing the same day. Keep a copy.
- Call 311 and write down the service number.
- Send a dated letter by certified or tracked mail.
- Find the owner, using the steps below.
- Keep your lease, rent receipts, medical bills and any neighbor's name who saw the problem.
How do I find out who owns my Houston apartment complex?
Your lease may show only a manager's name. Send a written request for the owner's name and address. A Texas landlord has until the seventh day after your request to answer, and this duty cannot be waived in the lease.
Harris Central Appraisal District also has a public property search, and its help line is (713) 957-7800. The owner on that record may be a company set up for one property. A lawyer can work out which insurer stands behind it.
Public housing has a shorter clock. Housing Alliance HTX, formerly the Houston Housing Authority, runs public housing here. Texas law sets a 6-month notice for claims against a governmental unit. If you live in a subsidized unit in a privately owned building, the regular 2-year rule may apply instead.
Who pays my bills if I am hurt at a Houston apartment?
Usually the owner's liability insurance. Your own renter's insurance may help with belongings, and health insurance pays first for treatment. If a jury finds you more than 50 percent to blame for the fall, Texas bars recovery. A worn step you had warned the office about helps you. A puddle you walked through every day may not.
Small claims can go to a Harris County justice court, which hears civil claims up to $20,000. Serious injuries belong in a higher court.
What should I ask a lawyer about my Houston apartment injury?
- Was the place I fell under the landlord's control?
- Will the 311 record and my repair letters prove the landlord knew?
- Who is the real owner, and what insurance covers it?
- Is any part of my lease unenforceable?
Questions
How long do I have to sue my landlord in Houston?
Generally 2 years. If a government housing agency owns the building, notice is due in 6 months.
My balcony railing broke in Houston. Who do I call?
Call 311. City inspectors check balconies and railings. Then get help before anyone repairs it.
Does a Houston landlord have to install smoke alarms?
Yes. Texas requires at least one in each separate bedroom.
Can a lease excuse my landlord from everything?
No. Duties around security devices and owner disclosure cannot be waived.
Hurt at your apartment in Houston? See if you are owed money.
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See if I’m owed moneySources (28)
- 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 may be liable for injuries caused by a defect on a portion of premises that remain under the lessor's control”
- 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.”
- Houston Permitting Center, Overview of Apartment Inspection Ordinance, March 2026, checked 2026-11-08. “monitors multi-family rental properties with three or more units”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Houston Permitting Center, Overview of Apartment Inspection Ordinance, March 2026, checked 2026-11-08. “Stairways, balconies, and railings • Exterior lighting • Walkways and accessibility paths”
- 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”
- 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”
- 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 92.052, checked 2026-11-09. “A landlord shall make a diligent effort to repair or remedy a condition if”
- Texas Property Code 92.052, checked 2026-11-09. “materially affects the physical health or safety of an ordinary 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”
- 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”
- Houston Permitting Center, Overview of Apartment Inspection Ordinance, March 30, 2026, checked 2026-11-09. “Properties must register with the City”
- Houston Permitting Center, Overview of Apartment Inspection Ordinance, March 2026, checked 2026-11-08. “RECEIVES AN AVERAGE OF 3,300 TO 3,600 311 COMPLAINTS PER YEAR”
- Houston Permitting Center, Overview of Apartment Inspection Ordinance, March 30, 2026, checked 2026-11-09. “1,200 INSPECTIONS PER YEAR”
- City of Houston, Chapter 10 Apartment Inspection draft, March 2026, checked 2026-11-09. “to prescribe legal rights or liabilities as between an owner and a tenant.”
- Houston Fire Department, Fire Marshal Office, checked 2026-11-09. “832-394-6900”
- Houston Fire Department, Fire Marshal Office, checked 2026-11-09. “Hazards / Violations (Non-Business Hours): 713.884.3143”
- Texas Property Code 92.006, checked 2026-11-09. “security devices, the landlord's disclosure of ownership and management, or utility cutoffs”
- Harris Central Appraisal District, Property Search, checked 2026-11-09. “Telephone Information Center (713) 957-7800”
- Housing Alliance HTX, Public Housing, checked 2026-11-09. “Housing Alliance HTX (formerly Houston Housing Authority)”
- 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”
- Harris County Justice Courts, About, checked 2026-11-08. “Justice Courts have jurisdiction of civil matters in which the amount in controversy is no more than $20,000”