Injured Because a Landlord Didn't Make Repairs: Your Rights
If you were hurt because a landlord failed to fix a dangerous condition, your rights depend on your state's landlord-tenant statutes, your lease, and court decisions on negligence. Many states require landlords to keep rental housing and common areas safe and in repair, often after the tenant gives notice. A landlord generally must have known or should have known about the problem, and conditions the tenant caused are usually excluded. Repair statutes often give remedies like repair orders or rent reductions, while injury claims are pursued separately. Rules differ by state; check the slip-and-fall page for your state.
What the law says
- Landlord repair duties come from state statutes, leases and court decisions, so they differ by state. Example (Texas): a landlord must make a diligent effort to repair or remedy a condition if the tenant gives notice to the person or place where rent is normally paid, the tenant is current on rent when giving notice, and the condition materially affects the physical health or safety of an ordinary tenant. Tex. Prop. Code ch. 92, subch. B (§§ 92.052, 92.061, 92.0563)
- Example (Texas): the landlord's repair duty does not cover conditions caused by the tenant, a lawful occupant, a family member, or a guest or invitee, unless the condition resulted from normal wear and tear. Notice must be in writing only if the lease is in writing and requires written notice. Tex. Prop. Code ch. 92, subch. B (§§ 92.052, 92.061, 92.0563)
- Example (Texas): a tenant's court remedies under the repair statute include an order to repair, a rent reduction, a civil penalty of one month's rent plus $500, actual damages, and court costs and attorney's fees, but the attorney's fees exclude fees for personal injury damage claims. Tex. Prop. Code ch. 92, subch. B (§§ 92.052, 92.061, 92.0563)
- Example (Texas): the statute's landlord duties and tenant remedies replace common-law and other statutory warranties of repair and habitability, but they do not take away a tenant's right to bring a claim for personal injury or property damage under Texas law. Tex. Prop. Code ch. 92, subch. B (§§ 92.052, 92.061, 92.0563)
- Example (New Jersey): when a lease requires the landlord to make repairs, the landlord must use reasonable care to decide what repairs are needed, make reasonable inspections, and use reasonable care in making the repairs. The landlord does not guarantee the premises will never need repairs. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (New Jersey): a landlord who voluntarily undertakes a repair must do the work in a reasonably careful manner and can be liable if it is negligent. A jury may consider whether the repair made the premises more dangerous and whether the tenant was misled into relying on it. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (New Jersey): a landlord is liable only for defects it knew or should have known about before the injury, meaning defects a reasonable inspection would have revealed. The jury charge notes an exception when the landlord created the defect. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (New Jersey): a landlord's violation of a housing statute or regulation may be considered as evidence of negligence, but it is not conclusive; the jury weighs all the evidence. New Jersey Model Civil Jury Charge 5.20D, Duty of Owner of Multi-Family House to Tenants and Others (approved 5/97)
- Example (Florida): a landlord must comply with applicable building, housing and health codes, and in units other than single-family homes or duplexes (unless agreed otherwise in writing) must make reasonable provisions for keeping common areas clean and safe. The landlord is not responsible under this law for conditions caused by the tenant's negligent or wrongful act, or that of family or guests. Fla. Stat. § 83.51 (landlord's obligation to maintain premises)
- Example (New York): every residential lease includes a warranty that the premises and common areas are fit for human habitation and that tenants will not be subjected to conditions dangerous to their life, health or safety; a condition caused by the tenant's own misconduct is not a breach. N.Y. Real Property Law § 235-b (warranty of habitability)
- Example (Illinois): a landlord generally is not liable for a defect in space leased to and controlled by the tenant, but it may be liable where it expressly agreed to keep the premises in repair or voluntarily took on the maintenance obligation by its conduct. Illinois Appellate Court, Nunez v. Diaz, 2017 IL App (1st) 170607
- In HUD-assisted multifamily housing, HUD says residents have the right to have repairs performed in a timely manner upon request, and are responsible for reporting defects in building systems, fixtures, appliances, the grounds or related facilities to management. U.S. Department of Housing and Urban Development, Resident Rights & Responsibilities (Office of Multifamily Housing Programs)
FAQ
Do I have to tell my landlord about the problem first?
Usually, and it matters. In Texas, the landlord's statutory repair duty starts when the tenant gives notice and is current on rent. In New Jersey, a landlord is generally liable only for defects it knew or should have known about. Keep a record of your repair requests.
Can I recover my injury costs under a state repair statute?
Repair statutes and injury claims can be separate. Texas's repair statute lists remedies such as repair orders, rent reduction and a civil penalty, and its attorney's-fee remedy excludes fees for personal injury claims, but it says it does not take away a tenant's right to sue for personal injury.
Does a building code violation prove the landlord was negligent?
Not automatically. In New Jersey, a jury may consider a landlord's violation of a housing statute or regulation as evidence of negligence, but the violation is not conclusive.
The landlord tried to fix it and made it worse. Is that negligence?
It can be. In New Jersey, a landlord who voluntarily makes a repair must do it carefully, and a jury may consider whether the repair made the premises more dangerous and whether the tenant was misled into relying on it.
What if I caused the damage?
Repair laws usually exclude tenant-caused conditions. Florida's statute says the landlord is not responsible for conditions caused by the tenant's negligent or wrongful act or omission, or by family members or others on the premises with the tenant's consent.
How long do I have to sue my landlord for an injury?
It depends on the state. In Texas, for example, a personal injury suit generally must be filed within two years after the claim accrues. See the personal injury statute of limitations by state chart, and the slip-and-fall page for your state.
Can my own fault reduce what I recover from the landlord?
Yes, in most states. In Texas, a claimant more than 50% responsible recovers nothing, and otherwise damages are reduced by the claimant's percentage of responsibility.
Related
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- Fell at Your Apartment Complex? When the Landlord Is Liable
- How Much Does a Personal Injury or Car Accident Lawyer Cost?
- How Much Does a Slip and Fall Lawyer Cost?
- Fell in a Parking Lot: Who Is Responsible?
- How Long Do You Have to File a Slip and Fall Claim?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Slipped on Ice or Snow: Can You Sue?
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What Is Premises Liability? Slip and Fall Law Explained
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.