It can be exciting to move into a new residence. Most hope to have a happy experience, and maintain good relations with their landlord. However, this is not always the case. Those who have been injured due to a landlord’s negligence may be entitled to certain damages.
Landlords have a duty to replace or repair any component of a residence that can cause significant harm or injury. Certain safety precautions and duties to repair and replace are essential to a tenant’s health. If you are a victim of injury due to your landlord’s negligence, it is essential that you seek a trusted personal injury attorney.
Landlord Negligence Attorneys in Montgomery County, Texas
Both landlords and tenants have certain responsibilities in a lease. Landlords who do not uphold their duties can result in injury to the tenant. Any tenant who is or has suffered an injury because of their landlord’s negligence, may be eligible to file a premises liability suit.
Evans & Powell, PLLC is a group of established attorneys who have a focus in personal injury. We are dedicated to giving a voice for victims of negligence. Our attorneys understand how difficult it can be to juggle recovery and legal issues. We have years of experience in personal injury law. Give yourself some peace of mind today. Contact the attorneys at Evans & Powell, PLLC today.
The attorneys at Evans & Powell, PLLC file landlord negligence claims throughout the greater Montgomery County area and surrounding communities including Oak Ridge North, Conroe, Magnolia, Willis, Panorama, and Houston.
Do not hesitate. Call (713) 622 - 2000 or submit an online contact form today for a free zero-obligation consultation today.
Overview for Landlord Negligence in Texas
- Examples of Negligence
- Landlord Responsibilities
- Types of Landlord Negligence Suits
- Additional resources
Examples of Landlord Negligence in Montgomery County, Texas
A landlord who does not maintain their property could put their tenants at risk. Any person who has been injured due to landlord negligence may be able to file a claim for damages. The following are examples of possible landlord negligence:
- Shock by faulty wiring;
- Collapsed ceilings;
- Pest infestations;
- Slip and falls in common areas of the property;
- Injury by fire due to malfunctioning fire extinguisher; or
- Injury by fire due to malfunctioning smoke alarm;
Landlord Responsibilities in Conroe, Texas
All landlords have certain responsibilities and duties when leasing to tenants. If a landlord does not uphold the following duties, he or she may be considered liable for any injuries that may occur. Take note, there are certain conditions that a tenant must also fulfill for a landlord to repair or remedy.
A landlord shall make a diligent effort to repair or remedy a condition if:
- The tenant specifies the condition in a notice to the person to whom or to the place where the rent is normally paid;
- The tenant is not delinquent in the payment of rent at the time notice is given; and
- The condition
- Materially affects the physical or safety of the tenant;
- Arises from the landlord’s failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.
Remember, in Texas, you must be current with rent payments to hold a landlord liable. In addition to this, a landlord does not have a duty to repair and remedy if the condition was caused by:
- The tenant;
- A lawful occupant in the tenant’s dwelling;
- A member of the tenant’s family; or
- An invitee of the tenant.
Landlords, who do not fulfill their duty to repair or remedy, may be considered liable for resulting injuries. This is also applicable if a landlord does not answer a maintenance request in a reasonable amount of time, he or she could be considered negligent.
Types of Landlord Negligence in Texas
Landlords have a responsibility to maintain their premises for the safety of their tenants. When a landlord knowingly or intentionally fails to do so, this is called negligence. Landlord negligence can take many forms. It can include the outside property such as maintaining pathways and stairways. Landlord negligence can also include the interior of the living space such as mold or pests.
The following are some types of landlord negligence in Bexar County, Texas.
Consistent exposure to mold can have a serious impact on a person’s health. Those who are in contact with mold may develop certain illnesses such as asthma. According to the World Health Organization, mold affects 10 to 50 percent of all buildings in the world. Landlords should be vigilant about mold spots, and tell their tenants if he or she is aware of mold growing.
If mold is detected in a rental property, it is the landlord’s responsibility to fix the issue. However, if you suspect mold is growing in your home, it is your responsibility to have it inspected and tested. A professional remediation company can inspect the property, and determine if the harmful spores are at a high level. You must tell your landlord if your results have concluded there is a contamination.
Landlords have an obligation to provide a safe environment to live in. If a landlord knows that mold is growing on the property and does not try to remedy it, he or she may be liable for damages. It is highly recommended that you collect any evidence of mold. Hiring an inspection company, taking photos, and keeping a log of the mold may be considered viable evidence in court.
Texas law does not dictate any specific limits on allowable levels of mold. Landlords are not held liable for just the existence of mold. You must prove that the mold occurred due to the landlord’s negligence and that the mold caused your injuries. Examples of this may be leaks in the roof, water leaks from pipes, providing poor AC, and not exterminating mold from prior tenants.
Rodents & Pests
Contact with pests or rodents can lead to health problems such as salmonellosis or Hantavirus. According to the Centers for Disease Control and Prevention, rats and mice spread over 35 diseases. These can be through contact, feces, saliva, urine, or bites. Additionally, the United States Environmental Protection Agency states that bed bugs are on the rise worldwide in the last ten years.
State law does not dictate that a landlord is required to pay for pest control. However, the landlord is liable if an infestation constitutes a condition that materially affects your physical health and safety.
If you have a pest/rodent issue, and your landlord is unaware, you must inform him or her. It is highly recommended that you do so through a dated letter after the discovery. In addition, it is important to document the event and collect evidence to prove that the infestation occurred due to your landlord’s negligence. If the infestation occurred through your actions, such as leaving out food, then the landlord may not be held liable.
Slip and Falls or Unsafe Property Conditions
Tenants have a right to live in a safely maintained property. This includes the exterior of the building as well. If a landlord is knowingly or intentionally negligent in maintaining a property, and you are injured because of it, he or she may be liable for damages.
Some examples of these may be falling over cracked walkways, slipping down iced over stairways, or shock from exposed wiring. Your landlord is obligated to inform you of any potential risks with the property. Landlords that do not fix potentially harmful property issues or inform their tenants may be held liable if injury occurs.
It is highly recommended that you collect any evidence to support your claim. Actions such as photographing the unsafe condition or keeping an injury diary may be valuable evidence in a court of law.
Tenant Rights – Visit the official website for Ken Paxton, the Attorney General of Texas. Find more information regarding tenant rights, the history of Texas Property Code, and what to do if you are struggling with a negligent landlord.
Texas Property Code – Visit the official website for Texas Legislation. Find the statutory language surrounding the legal relationship between tenants and landlords. Learn the legal definitions, tenant responsibilities, landlord’s duties, and what damages may be paid if either do not fulfill their obligations.
Tenant Lawyers for Landlord Negligence in Montgomery County, Texas
Are you struggling with a landlord who has put your health at risk? Have you sustained an injury due to negligence of your landlord? Do not suffer in silence. Gain trusted legal representation with the attorneys at Evans & Powell, PLLC.
Evans & Powell, PLLC represents those who are victims of injury due to their landlord’s recklessness or carelessness. We believe that tenants should be provided with safety measures and regular inspections for their well being. Landlords who disregard the safety of their tenants may be held liable for injuries caused by negligence. This is not something to let slide. Contact a skilled personal injury attorney who puts you first with Evans & Powell, PLLC.
The attorneys at Evans & Powell, PLLC accept clients throughout the 9th District Court including Conroe, Panorama, Magnolia, Houston, Willis, and Cut and Shoot.
Contact us today at (713) 622 - 2000, or simply submit an online contact form for a free consultation.