What Landlords Need to Know to Avoid Injury Lawsuits

As a landlord in Texas, you are responsible for providing safe conditions and a well-maintained property for your tenants. If a tenant is injured on your Houston area property as a result of your failure to provide these things, you may be held liable for his or her injury. Understanding your liabilities as a landlord and taking preventive action when possible are the most effective ways to avoid a lawsuit from an injured tenant.

Standard of care legally refers to the amount of caution, attentiveness, and prudence a responsible person would employ under certain circumstances. Texas law requires landlords provide a safe environment for their tenants and visitors. If the court is questioning whether you were negligent, it will try to determine what action another landlord would take under similar circumstances and decide if you took those actions as well.

A landlord has the responsibility to provide a habitable rental unit. A unit fit to live in provides clean water, gas, heat, electricity, and has a sound roof and flooring. When any of these conditions change, it is the landlord’s responsibility to make repairs in a timely manner. If the unit remains in disrepair, the tenant can report the violation, fix the problem and deduct the cost from the rent, or move out. If the disrepair results in injury to the tenant, he or she may file a lawsuit against the landlord.

Proper maintenance of a rental property is not the only way a landlord sustains a safe environment. A landlord also has certain responsibilities to prevent criminal activity in or around the rental property. A landlord should take basic safety measures to keep tenants safe, such as providing locks and adequate lighting. A safe residence should have deadbolts on exterior doors for additional security. In addition, a landlord should ensure all walkways, driveways, and garages that are part of the property are adequately lit for optimal visibility.

A tenant who sustains property damage or physical harm after a landlord is aware of unsafe conditions may have the right to sue the landlord for compensation.

In some cases, the duties of a landlord increase when his or her tenants include children. This is because children do not have a clear understanding of risk and danger. As a landlord, you should know what additional requirements you need to fulfill when children are involved, such as providing a lead-free paint rental unit or installing safety bars on windows to prevent injury.

If a landlord violates a law created to protect a tenant, he or she will be considered negligent and no additional proof will be needed. This is known as negligence per se. For example, Texas law requires smoke detectors in any rental property. If the landlord fails to install these or they are inappropriately maintained, the landlord can be held liable for any damages caused by a fire, because the smoke alarm would have alerted the tenants about the fire, and damages could have been avoided or lessened.

Having a clear understanding of landlord obligations in Texas will allow you to take precautions and keep your rental property compliant and safe for your tenant.

If a situation does arise and you are unsure if you could be held liable, seek legal advice. Houston area attorneys, Gordon, Elias, & Seely LLP are ready to help you navigate any questions or concerns you have about injury lawsuits from your tenants. Call us for a free consultation at 800-773-6770.

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