How to Prove Landlord Negligence

When a landlord rents a residential property, they have a duty to the people who live in and visit the rental unit. Most landlords maintain their properties in good condition, which allows them to charge premium rent and attract prime tenants.

But some landlords neglect their properties, putting renters and their guests at risk of harm. What do you do if you were hurt at the property where you live?

You may be entitled to compensation if you were injured or suffered a financial loss because of landlord negligence. The landlord negligence lawyers at McKinney Vos will help you hold your landlord accountable for the harm they caused and obtain the compensation you deserve.

What Is a Landlord’s Duty of Care?

When a landlord leases a residential property, they have a duty to provide a habitable premises. They must maintain and repair the property so you and your guests are safe.

A landlord has a legal duty to:

• Maintain common areas;
• Be aware of and warn tenants and visitors of hidden dangers;
• Not interfere with the tenant’s right to quiet enjoyment of the property;
• Comply with local ordinances, such as those that require running water or working heat.

What Is Landlord Negligence?

A landlord is negligent when they negligently or carelessly fail to meet their duty of care and their actions or failure to act cause injury or financial loss.

Landlord negligence is not always clear, so we have provided examples to help show that.

• Dangerous Living Conditions. Failure to properly maintain the physical fixtures of a residence can create hazardous living conditions. Broken stairs, ripped carpet, a dangerous driveway, a balcony in disrepair, and loose floorboards are all examples of dangerous conditions that can cause an injury.
• Failure to Make Property Repairs. A landlord has a legal duty to repair non-functioning items on the property. This could include a power outlet that is not functioning, a broken oven, a heater or air conditioner that does not work, or anything else necessary to make your home comfortable and liveable.
• Unhealthy Living Conditions. Mold, chemicals, and dampness in your home can all cause serious, long-term health consequences, especially for people with pre-existing respiratory conditions.
• Inadequate Fire Safety. A landlord must provide appropriate measures to minimize the risk of injury or death caused by a fire. This includes installing fire alarms and smoke detectors and ensuring they function properly.
• Pest Infestation. Your landlord must take steps to eradicate pests that make your home unlivable. The presence of insects and other pests can increase the likelihood of illness and can negatively impact your home’s structural integrity.

Notify Your Landlord of Hazards

If there is an unsafe condition your landlord needs to repair, start by examining your rental agreement. Some minor repairs are the responsibility of the tenant. But if the unsafe condition is not your responsibility, you must notify your landlord or the property management company and give them an opportunity to fix it.

Be sure to keep a record of communications between you and your landlord. Save texts, emails, and letters where you notify your landlord of a dangerous condition and note your landlord’s failure to address them.

How to Prove Landlord Negligence

If your landlord fails to respond in a reasonable amount of time, consider hiring a lawyer and suing your landlord for negligence. To prove your claim, you must show that your landlord’s negligence caused your injuries.

Proving landlord negligence is not always straightforward. The experienced attorneys at McKinney Vos will help you gather evidence to prove your claim, avoid pitfalls, and maximize your financial recovery.

How Much Compensation Can Be Awarded?

If you were injured due to your landlord’s fault, you are entitled to financial compensation for economic and non-economic harm.

Your economic losses include medical bills, the cost of future medical treatment, lost income, and lost earning capacity.

Non-economic losses include pain and suffering, compensation for scarring or disfigurement caused by your injuries, a reduction in your quality of life, and emotional distress caused by damage to your relationships or psychological trauma caused by the accident.

Contact the Texas Landlord Negligence Lawyers at McKinney Vos Today

Recovering compensation for a landlord negligence claim can be tricky. But the experienced lawyers at McKinney Vos are here to help. We will listen as you describe your injuries and will create a custom legal strategy to maximize your financial compensation.

We would be pleased to talk to you about how we can help. Contact McKinney Vos today to schedule a confidential, no-cost consultation.