Find an apartment injury lawyer in San Antonio: when the landlord may have to pay

A San Antonio landlord can be liable for injuries in areas it still controls, or from bad repairs or hidden defects. You generally have 2 years to sue. Report dangers to 311, since city code inspectors keep records. In public housing, ask about a 6-month notice.

Last checked November 9, 2026 · Official sources (36)

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Road map of San Antonio showing Loop 410 and the city limits within which the apartment inspection program applies
Landlords can answer for common areas they still control. Map data © OpenStreetMap contributors.

Is my landlord responsible if I get hurt at my San Antonio apartment?

Where you got hurt changes the answer. Texas starts from a rule that favors owners: a lessor generally has no duty to tenants for dangerous conditions on the leased premises. The exceptions are where most cases live.

Where or howRuleExamples
Common areas the landlord controlsMay be liable for defects thereStairs, walkways, parking lots, gates, laundry rooms
A repair done badlyMay be liable for a negligent repairA patched ceiling that falls, a railing that gives way
A hidden danger it knew aboutMay be liable for concealing itKnown electrical or gas problem not disclosed
Smoke alarmsAt least one in each separate bedroomA fire with no working alarm
Locks and security devicesMust repair or replace when toldA broken door lock, then a break-in

A word of warning: the Texas Supreme Court has said the repair-duty section of the Property Code does not itself apply in a personal injury case. But the same chapter leaves injury suits in place. So you may need ordinary negligence law to win money for an injury, even when the repair statute helped get the problem fixed.

How can San Antonio code enforcement help after an apartment injury?

It creates a public record that a problem existed. Call 311 or 210-207-6000 to ask for Code Services. The city also runs a proactive inspections program that started April 2, 2023. It covers complexes with five or more units in city limits.

  • A complex with three designated citations in a rolling six months can be put in the program.
  • Those citations deal with life safety and basic habitability.
  • Properties in the program get monthly inspections.
  • The time allowed to fix a violation is usually 10 days.
  • The city's dashboard lists citation counts and the cited complexes.

Look your complex up before you talk to the insurance company. In the city's review, interior problems were the most common violation at 5,633, and water or sewer leaks reached 1,016. A citation does not prove the landlord caused your injury, but it can show it knew or should have known.

What should I do after getting hurt in a San Antonio apartment?

  1. Get care, and tell the doctor exactly what fell, broke or gave way.
  2. Take photos and video before anyone repairs it.
  3. Tell the office in writing the same day. Tracked or certified mail can count as notice in one step.
  4. Report it to 311, and write down the service request number.
  5. Ask for the owner's name. The landlord must answer within 7 days. Those disclosure duties cannot be waived in a lease.
  6. Do not sign a release from the office or its insurer until you know your medical costs.

Should I file in justice court or sue my San Antonio landlord?

They do different jobs. A repair and remedy case in a Bexar County justice court is for forcing a fix of a condition materially affecting health or safety. It is capped at $20,000. To use that remedy, your rent generally has to be current when you give notice. Bexar County also offers free mediation.

A serious injury claim usually needs a regular lawsuit. New civil suits in the district courts go through the District Clerk, 101 W. Nueva, Suite 217. The 2-year limit generally applies, and your share of fault can reduce or bar recovery.

What if I live in San Antonio public housing or Opportunity Home?

Opportunity Home is the San Antonio Housing Authority, and its board is appointed by the Mayor. Treat any injury there as a possible government claim. Texas gives 6 months for notice, and we did not find a shorter rule written for the agency. Have a lawyer check it.

  • Repairs go to the Maintenance Work Order Center, 210-477-6800. Keep the number you are given.
  • The resident handbook lists Risk Management at 210-477-6797.
  • The office is at 818 S. Flores St., 210-477-6000.

A private complex that takes vouchers is still private, so the 6-month notice does not apply. The owner and its insurer are who would pay.

Questions

Can I sue my landlord for a fall on the stairs in San Antonio?

Possibly, if the landlord still controls the stairs and they were dangerous.

How long do I have to sue my landlord?

Generally 2 years.

Who do I call about dangerous conditions in my complex?

Call 311 or 210-207-6000 to reach city code services.

Does my lease stop me from suing?

Some landlord duties, such as those on security devices and owner disclosure, cannot be waived.

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Sources (36)

  1. 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”
  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. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  5. City of San Antonio, Proactive Apartment Inspections, checked 2026-11-09. “The City has created and maintains a dashboard showing number of inspections, violations, and citations issued. Included is the list of the complexes cited for violations”
  6. 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”
  7. Texas Property Code 92.052, checked 2026-11-09. “A landlord shall make a diligent effort to repair or remedy a condition if”
  8. City of San Antonio, Proactive Apartment Inspections, checked 2026-11-09. “Submit a complaint or request for Code Services: - Call 3-1-1 (311) or 210-207-6000”
  9. 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”
  10. Opportunity Home San Antonio, Public Housing Resources, checked 2026-11-09. “Please retain a work order number for reference.”
  11. 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.”
  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 92.158, checked 2026-11-09. “a landlord shall repair or replace a security device on request or notification by the tenant”
  14. Texas Supreme Court, Timberwalk Apartments v. Cain (1998), checked 2026-11-09. “it does not apply in a personal injury case”
  15. 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”
  16. City of San Antonio, Proactive Apartment Inspections, checked 2026-11-09. “the proactive apartment inspections program began April 2, 2023”
  17. City of San Antonio news release, March 23, 2023, checked 2026-11-09. “Apartment complexes with five or more units within San Antonio city limits”
  18. City of San Antonio, Proactive Apartment Inspections, checked 2026-11-09. “Any apartment complex receiving three designated citations, as listed on the fact sheet (PDF), within a rolling six-month period”
  19. City of San Antonio, Proactive Apartment Inspections outreach presentation, checked 2026-11-09. “Designated citations = deal with prioritized life safety and basic habitability issues for tenants”
  20. City of San Antonio news release, March 23, 2023, checked 2026-11-09. “Properties registered will be subject to monthly inspections while in the program.”
  21. City of San Antonio, Proactive Apartment Inspections outreach presentation, checked 2026-11-09. “within allotted time (usually 10 days)”
  22. City of San Antonio, Proactive Apartment Inspections outreach presentation, checked 2026-11-09. “Interior 1301 4332 5633”
  23. City of San Antonio, Proactive Apartment Inspections outreach presentation, checked 2026-11-09. “Water, sewer leak 41 975 1016”
  24. 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”
  25. Texas Property Code 92.006, checked 2026-11-09. “security devices, the landlord's disclosure of ownership and management, or utility cutoffs”
  26. Bexar County Justice of the Peace, Civil Cases, checked 2026-11-09. “to enforce the landlord's duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant”
  27. Bexar County Justice of the Peace, Civil Cases, checked 2026-11-09. “The relief sought can be for no more than $20,000”
  28. 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”
  29. Bexar County Justice of the Peace, Civil Cases, checked 2026-11-09. “The Bexar County Dispute Resolution Center provides free mediation services to the citizens of Bexar County.”
  30. Bexar County District Clerk, Administration, checked 2026-11-08. “accepts all new suits and subsequent filings for civil”
  31. Bexar County District Clerk, Administration, checked 2026-11-08. “Paul Elizondo Tower 101 W Nueva, Suite 217”
  32. 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”
  33. Opportunity Home San Antonio, Resident Handbook, checked 2026-11-09. “Members are appointed by the Mayor of the City of San Antonio.”
  34. Opportunity Home San Antonio, Public Housing Resources, checked 2026-11-09. “All Public Housing residents can make a request for service by calling the Maintenance Work Order Center at 210.477.6800.”
  35. Opportunity Home San Antonio, Resident Handbook, checked 2026-11-09. “Risk Management ... 210-477-6797”
  36. Opportunity Home San Antonio, Contact Us, checked 2026-11-09. “818 S. Flores St., San Antonio, TX 78204 CALL 210.477.6000”

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