Apartment complexes and landlords have a responsibility to their tenants regarding safety. If you’re experiencing issues, the lines may be blurry when it comes to fault and whether you have the grounds to sue. Learn more about legal claims with an apartment complex and what your rights are as a tenant.
Can I Sue Apartment Complex?
Yes, you can sue an apartment complex under certain circumstances if you are able to prove that the complex or the landlord was negligent. This generally means the situation involves the complex or landlord breaking their duty to provide a safe and habitable living environment. This could include anything from failing to maintain the property to not repairing problems that later lead to harm or loss.
How to Prove Apartment Complex Negligence
To be successful in your claim, proof is needed. In a case involving negligent apartment complexes or landlords, a few elements need to be established. This includes:
- Proving the apartment complex or landlord owed you a duty to maintain the property and ensure it is safe. This agreement is usually in the form of a lease or may be covered by local housing laws.
- Proving the apartment complex or landlord failed to meet their duty. As mentioned before, this could mean failing to make repairs, ignoring maintenance requests, or not addressing safety hazards.
- Proving that the actions that demonstrated a breach of duty caused you harm or loss. This could look like damage to your property, financial loss, or health issues.
- Proving that the damage occurred in the form of documents, expenses, bills, etc.
When facing issues with a negligent apartment complex or landlord, it is important to maintain detailed records so that the lawsuit tells a clear story.
Document issues you’ve been experiencing, and be sure to include dates, communication with management, and repair requests/tickets.
Ensure you have formally notified your apartment complex or landlord and allowed them to address the issues. This is often a requirement before legal action can be taken.
If no action is taken by the complex or landlord, gather your evidence, including any photos of damage as well as your correspondence, and get in touch with a lawyer who can help you with your case.
Examples of Negligent Landlords or Apartment Complex
Negligence can look different depending on the situation. You may have a case in your hand without realizing it. Here are some common examples that indicate negligence:
- Failing to repair dangerous conditions such as faulty electrical systems or structural issues.
- Poor maintenance and neglect of common areas like hallways, stairwells, parking lots, and elevators.
- Ignoring pest infestations such as bedbugs, rodents, or mold despite being notified by the tenant.
- Agreeing to make a repair but not addressing it in a reasonable time frame or performing the repair negligently.
- Failing to provide adequate security measures such as broken locks, lighting, or nonfunctioning security systems.
What Are My Rights as a Tenant?
As a tenant who is leasing their home from an apartment complex or landlord, you have several rights that protect you and your living environment. These rights typically include the right to a habitable and safe environment in addition to privacy, suing, repairs, etc.
It’s important to remember that tenant rights can vary by location and are dependent on local and state laws. Be sure to look into your area for specific protections and procedures.
Get a Personal Injury Attorney on Your Side
DM Injury Law fights on behalf of victims of negligent behavior. Whether you’re pursuing a premise liability claim or a slip-and-fall case, our team has a track record of success in getting our clients the compensation they deserve.
If you believe your apartment complex or landlord may be responsible for your injuries, don’t hesitate to reach out for a free consultation. We can help answer any questions you may have and determine if you’re eligible to pursue a claim.