Hurt at your apartment in Midland: when the landlord pays and finding a premises lawyer
If you were hurt at a Midland apartment, it matters where it happened. Texas landlords generally have no duty for conditions inside your unit, but they can be liable for areas they still control, bad repairs and hidden defects they knew about. You generally have 2 years to sue.
Last checked November 9, 2026 · Official sources (31)
When is a landlord in Midland responsible for my injury?
Texas starts from a rule that surprises tenants: once you lease a place, the landlord generally has no duty for conditions on it. Then come the exceptions, and those exceptions are where most cases live.
| What happened | Texas rule | What to save |
|---|---|---|
| Fell on complex stairs, walkway or parking lot | Landlord may be liable for parts it still controls | Photos, the date, anyone who saw it |
| Maintenance fixed something and made it worse | Landlord may be liable for negligent repairs | Work order, texts, the broken part |
| A danger the landlord knew about and hid | May be liable for concealing it | Move-in papers, what neighbors were told |
| No smoke alarm in a bedroom | At least one in each separate bedroom | Photos of the ceiling, the fire report |
| Broken lock or window latch | Latches are required without a request; devices must be fixed when you ask | Your written request and the date |
One trap: the Texas repair statute does not itself apply to an injury case, according to the Texas Supreme Court. The chapter leaves injury suits in place, but your claim runs through the ordinary rules above. Your written complaint is still strong proof that the landlord knew.
Who do I call about an unsafe apartment in Midland?
- Fire hazards, missing alarms or blocked exits: the Fire Marshal's Office, 432-685-7333. It does fire and life safety inspections and will do home inspections by request.
- Code complaints: 432-685-7410 or SeeClickFix. The city describes Code Enforcement as working on single-family dwellings, commercial properties and vacant lots, and does not name apartments, so ask if your complex is covered.
- Permits and building questions: Code Administration, 432-685-7390, 300 N. Loraine, Suite 430.
A dated inspection or complaint can help show what the condition was and when. Grills are a common fight. The city says most apartment patios and balconies do not permit the clearance the fire code needs for open flame cooking. If a neighbor's grill started a fire, that matters.
How do I give my Midland landlord notice the right way?
- Write down the problem, the unit number and the date. Send it by text or email too.
- Send one copy by certified or tracked mail, which can satisfy the notice rule in one step.
- Stay current on rent, because late rent at notice time can defeat the repair remedy.
- Ask the name of the owner. The landlord must give it within 7 days of a request.
- Keep the lease. Some duties, like security devices and owner disclosure, cannot be waived.
The landlord's duty is a diligent effort to repair a condition that materially affects health or safety. If the lease says otherwise, have someone read it.
Who pays, and does a housing voucher change anything in Midland?
Usually the owner's liability insurer pays, not your renters policy. Your own policy may help with belongings, so read it.
The Midland County Housing Authority provides affordable housing programs in Midland and Andrews Counties, including vouchers. You can reach it at 432.570.4155. If you rent from a private owner with a voucher, the owner is still the one to look to, and the ordinary 2-year rule applies.
If a government agency owns the building, you may need to give notice within 6 months. Ask who holds title before you assume.
Which Midland court handles an apartment injury?
It depends on the money. Justice courts handle small claims up to $20,000, at 301 S. Main, 2nd Floor. Bigger injury cases go through the District Clerk at 500 N. Loraine, Suite 300. The County Courts at Law can hear civil cases up to $500,000. Texas bars recovery if you are more than 50 percent responsible. For medical proof, ask Midland Health for records in writing.
Questions
Can I sue my landlord in Midland if I fell on the stairs?
Possibly. Stairs are often a common area the landlord still controls.
How long do I have to sue my landlord in Texas?
Generally 2 years from the injury.
What if the injury was inside my apartment?
The general rule protects the landlord, unless a bad repair or hidden defect caused it.
Does my landlord have to tell me who owns the building?
Yes, within 7 days of a request.
Hurt at your apartment in Midland? 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 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.”
- Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “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”
- Midland Fire Marshal's Office, checked 2026-11-09. “contact the Fire Marshal's office at 432-685-7333”
- 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 92.158, 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”
- Midland Fire Marshal's Office, checked 2026-11-09. “This office conducts numerous fire and life safety inspections every year and is available by request to conduct home inspections.”
- City of Midland Code Enforcement, checked 2026-11-09. “Report a code violation by calling 432-685-7410”
- City of Midland Code Enforcement FAQ, checked 2026-11-09. “education and enforcement of all zoning and code regulations on single-family dwellings, commercial properties, and vacant lots”
- City of Midland Permitting and Inspections, checked 2026-11-09. “Phone: 432-685-7390 Location: 300 N Loraine St #430, Midland TX 79701”
- City of Midland FAQ, checked 2026-11-09. “Most apartment patios and balconies do not permit the required clearance.”
- 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”
- 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 Property Code 92.006, checked 2026-11-09. “security devices, the landlord's disclosure of ownership and management, or utility cutoffs”
- 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”
- Midland County Housing Authority, checked 2026-11-09. “Midland County Housing Authority provides affordable housing opportunities for individuals, families, the elderly, veterans, people with disabilities, and others within Midland and Andrews Counties.”
- Midland County Housing Authority, checked 2026-11-09. “432.570.4155”
- Midland County, Justice Court Civil Cases, checked 2026-11-08. “The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees”
- Midland County, Justice of the Peace, checked 2026-11-08. “301 S Main St. 2nd Floor Midland , TX 79701”
- Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”
- Midland County Courts-at-Law, checked 2026-11-09. “Civil cases in which the amount in controversy exceeds $500 but does not exceed $500,000”
- Texas Civil Practice and Remedies Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Midland Health, Medical Records, checked 2026-11-08. “Release of Information should provide an answer in 5 working days”