Hurt at your apartment in McAllen: landlord duties and finding a lawyer
McAllen's housing code says every stairway and porch must be safe and in good repair, and the owner or owner's agent is responsible for upkeep. Report hazards at (956) 681-3111. Texas landlords are not liable for every danger inside a unit, so details matter. You generally have 2 years to sue.
Last checked November 9, 2026 · Official sources (30)
What does the McAllen housing code require from my landlord?
City code applies to every building used as a home, and it says all parts must be kept in a safe and sanitary condition. It sets specific standards that are useful after an injury.
| What hurt you | McAllen standard | State law that may also apply |
|---|---|---|
| Broken stairs, railings or porch | Safe to use and in good repair | Common areas the landlord controls can bring liability |
| Floor or ceiling gave way | Every floor, wall and ceiling safe to use | A bad repair can bring liability |
| Shock or fire from wiring | Outlets and fixtures in good and safe working condition | Smoke alarm in each bedroom |
| Could not get out | Safe, unobstructed way out to ground level | Window latches without any request |
| Break-in through a bad lock | Safe and sanitary condition | Repair or replace a security device when told |
A code violation does not win your case on its own. It is strong evidence that the condition fell below what the city requires, and it gives you an official standard to quote.
When is a McAllen landlord responsible for my injury?
Start with a hard rule. In Texas, a landlord generally has no duty for dangerous conditions on the leased premises. So a fall inside your own unit may be a tough claim. There are three important exceptions:
- Bad repairs. A landlord who makes repairs can be liable for negligence in making them.
- Hidden defects. A landlord who conceals a defect it knows about can be liable.
- Areas the landlord still controls, such as stairs, walkways, parking and pools.
The Texas repair statute is mostly about getting things fixed. The state Supreme Court has said the repair-duty section does not apply in a personal injury case, while the same chapter leaves injury lawsuits in place. That is why a lawyer usually builds an injury claim on the exceptions above instead of the repair statute.
What do I do after getting hurt in my McAllen apartment?
- Get medical care and tell the doctor exactly how it happened. DHR Health's medical records office is at 956-362-3448 when you need your chart.
- Photograph the hazard before anyone fixes it, and take a picture of anything showing how long it has been that way.
- Tell the manager in writing the same day and ask for an incident report. Certified or tracked mail can satisfy the notice rule in one step.
- Ask who owns the building. The landlord must answer within 7 days of your request. Owner names decide who you can sue.
- Report the condition to the city at (956) 681-3111 or McAllen 311. Save the request number.
- Keep paying rent if you can. Late rent at the time of notice can defeat the repair remedy.
Will the City of McAllen inspect my apartment?
The housing inspector enforces the code by patrol and through complaints from residents. City code says the building official or code enforcement director must inspect a residential building that is or may be unsafe. An inspection report written after you complain can be useful proof, so ask for a copy through a written public information request.
Filing a complaint is not the same as filing an injury claim, and the city does not collect money for you. If a public housing agency or the city itself runs your building, a government claim deadline may apply: six months at most, and a city can set less. We could not confirm a shorter McAllen rule.
Who pays for an apartment injury in McAllen?
Usually the owner's or the management company's liability insurer. Your own renter's insurance may have a small medical payment section, so check it. Your share of fault has to be 50% or less for you to recover. Lease language cannot erase certain duties, including those about security devices and telling you who the owner is.
Hidalgo County justice courts handle small claims of no more than $20,000. That can work for a repair bill. A serious injury is usually a larger case in district court, where filing goes through the District Clerk at 100 N. Closner in Edinburg.
Questions
How long do I have to sue my landlord in McAllen?
Generally 2 years from the injury. A government landlord needs notice in six months at most.
Who do I call about unsafe apartment conditions in McAllen?
Call (956) 681-3111 or use McAllen 311. Inside the city, residents can dial 3-1-1.
My landlord fixed it badly and I got hurt. Do I have a claim?
Possibly. A landlord who makes repairs can be liable for negligence in making them.
Can my lease stop me from suing?
Some duties cannot be waived, and injury actions are preserved under the repair chapter. Have your lease reviewed.
Hurt at your apartment in McAllen? See if you are owed money.
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See if I’m owed moneySources (30)
- City of McAllen Code, Ch. 22, Art. VIII, Housing Code, checked 2026-11-09. “Every inside and outside stairway, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.”
- City of McAllen, Housing Enforcement, checked 2026-11-09. “The owner or owners designated agent shall be responsible for the maintenance of the building, or structures.”
- City of McAllen, Housing Enforcement, checked 2026-11-09. “To report a dilapidated or nuisance property please call 956-681-3111 or report the violation online at McAllen 311.”
- 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.”
- 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 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 may be liable for injuries caused by a defect on a portion of premises that remain under the lessor's control”
- 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 McAllen Code, Ch. 22, Art. VIII, Housing Code, checked 2026-11-09. “All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition.”
- City of McAllen Code, Ch. 22, Art. VIII, Housing Code, checked 2026-11-09. “Every floor, interior wall and ceiling shall be safe to use”
- City of McAllen, Housing Enforcement, checked 2026-11-09. “Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition”
- 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.”
- City of McAllen Code, Ch. 22, Art. VIII, Housing Code, checked 2026-11-09. “Every dwelling unit shall have safe, unobstructed means of egress”
- 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, 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, 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”
- DHR Health, Medical Records, checked 2026-11-08. “you can reach us at 956-362-3448”
- 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 McAllen, Housing Enforcement, checked 2026-11-09. “The Housing Inspector shall enforce the provisions of the code by patrolling the neighbor or through nuisance complaints that are called in by our citizens.”
- City of McAllen Code, Ch. 22, Art. VIII, Housing Code, checked 2026-11-09. “shall inspect or cause to be inspected any dwelling, dwelling unit or residential building which is or may be unsafe.”
- City of McAllen, Public Information Request, checked 2026-11-09. “A public information request must be in writing.”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- 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 Property Code 92.006, checked 2026-11-09. “security devices, the landlord's disclosure of ownership and management, or utility cutoffs”
- 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”
- Hidalgo County, District Clerk's Office, checked 2026-11-09. “Physical Address 100 N. Closner Edinburg, TX 78539 Phone: (956) 318-2200”
- City of McAllen, McAllen 311, checked 2026-11-08. “by dialing 3-1-1 on their mobile or land line while within city limits”