Injured on a Rental Property? Here's When You Can Sue Your Landlord

When you rent a home or apartment, you trust your landlord to provide a safe and livable environment. But what happens when that trust is broken, when dangerous stairs cause you to fall, when faulty wiring triggers a fire, or when you're seriously injured because of your landlord’s negligence?

If you’ve been hurt due to unsafe conditions on a rental property, you might be wondering: Can I sue my landlord?

The short answer is: yes, in many cases, you can, but the success of your claim depends on several legal factors, including the landlord's duty of care, the cause of the injury, and whether proper steps were taken to prevent harm. 

In other words, every case is unique. Below you can see how these different factors affect if you have a valid personal injury claim against a landlord. If you want to learn more about your specific case, contact Morgan & Morgan for a free case evaluation.

First Thing to Know: Your Landlord’s Legal Responsibilities

Before diving into specific types of injuries, it’s important to understand a landlord’s duty of care. Legally, landlords are required to:

• Maintain common areas in a safe condition
• Repair known hazards in a reasonable amount of time
• Comply with local housing codes and safety regulations
• Warn tenants of potential dangers that are not obvious
• Ensure structural components like stairs, railings, and electrical systems are up to code

If your injury resulted from a violation of one of these duties, you may have grounds to sue.

Can I Sue a Landlord for a Fall Down Apartment Stairs?

One of the most common injuries that occur in rental buildings is a slip or fall, particularly on staircases.

Common causes of falls in rental properties can include:

• Loose or broken steps
• Missing or damaged handrails
• Poor lighting
• Slippery surfaces from leaks or lack of maintenance
• Clutter or obstacles in stairwells

Landlords can be held liable for stair-related falls if they knew or should have known about the hazard and failed to take appropriate action. This is known as premises liability.

For instance, if a tenant slips on a staircase where a handrail has been missing for several months, despite complaints, and the fall leads to a broken ankle and missed work, the landlord may be held responsible for medical bills, lost wages, and pain and suffering.

Can I Sue a Landlord for Electrical Fires and Faulty Wiring?

Old or poorly maintained wiring is a hidden danger in many rental units. Electrical fires can erupt suddenly, causing burn injuries, property damage, and even death.

Common triggers of electrical fires in rental properties include:

• Outdated fuse boxes
• Overloaded circuits
• Exposed or frayed wires
• Inadequate grounding
• Landlords ignoring repeated complaints about flickering lights or outlets sparking
   

If the fire was caused by negligent maintenance or a failure to upgrade electrical systems, the landlord could be liable.

Landlords are typically responsible for ensuring that electrical systems meet local safety codes. If an investigation proves that the fire was preventable, a personal injury or property damage lawsuit may be justified.

After any electrical fire, try to get a copy of the fire marshal’s report. This document can be critical in proving the cause and origin of the fire.

Can I Sue a Landlord for Burn Injuries?

Burns can result from not only fires but also from unsafe water heaters, malfunctioning radiators, or chemical exposure from landlord-supplied pest control or cleaning solutions.

Water Heater Burns:

If your landlord has set the water heater too high or failed to fix a scalding water issue, they may be liable if you suffer burns while showering or using a sink.

Radiator Burns:

Older buildings sometimes have exposed radiators or pipes that become dangerously hot. If a child or adult is burned due to lack of insulation or warnings, that could be a strong case for legal action.

Can I Sue a Landlord for Mold, Asbestos, and Toxic Exposure?

While not always immediate, exposure to mold, asbestos, or lead paint can result in serious long-term health issues.

The common symptoms of exposure include:

• Respiratory issues
• Neurological symptoms
• Skin rashes
• Long-term illness, including cancer (in the case of asbestos)

If a landlord ignores reports of mold, or knowingly fails to remove asbestos during renovations, they can be held liable for health-related damages.

You may need environmental testing, medical documentation, and expert testimony to prove a link between the property conditions and your illness.

Can I Sue a Landlord for Inadequate Security That Led to an Assault or Break-In?

Landlords also have a duty to protect tenants from foreseeable criminal activity. That means taking reasonable steps to provide security in high-risk areas.

A landlord’s failure to properly secure a property may include:

• Broken locks on apartment doors
• Lack of outdoor lighting
• Failing to fix a broken gate or perimeter fence
• Ignoring past break-ins without increasing security

If you’re assaulted or robbed due to these failures, you may be able to hold the landlord accountable for negligent security.

Can I Sue a Landlord for Falling Ceilings, Collapsing Floors, and Structural Failures?

Another major hazard in poorly maintained buildings is the collapse of structural elements, especially ceilings, floors, or balconies. This can include:

• Water damage leading to rot
• Termite infestations
• Cracked foundations
• Failure to repair known weaknesses

When these failures cause injury, the landlord may be found negligent for failing to inspect and repair the property adequately.

What You Need to Prove in a Lawsuit

In most cases, suing your landlord for injury involves proving negligence. That means you must show:

1. Duty of Care: The landlord had a legal obligation to maintain safe conditions.
2. Breach of Duty: The landlord failed to meet that obligation.
3. Causation: That failure caused your injury.
4. Damages: You suffered losses, physical, emotional, or financial, as a result.
   
    

Evidence to prove fault can include:

• Photos or videos of the hazard
• Incident reports
• Witness statements
• Maintenance request logs
• Medical records
• Expert testimony (from an electrician or building inspector)
  
   

What Damages Can You Recover?

If your lawsuit is successful, you may be entitled to compensation for:

• Medical expenses: Past, present, and future costs
• Lost wages: Including missed work and reduced earning capacity
• Pain and suffering: Physical and emotional distress
• Property damage: Loss of personal belongings
• Relocation expenses: If the apartment was deemed uninhabitable
   

In severe cases involving gross negligence, punitive damages may also be awarded to punish the landlord and deter similar behavior.

What if You’re a Guest, Not a Tenant?

Even if you’re not on the lease, such as a friend visiting the apartment, you may still have the right to sue the landlord. The duty to maintain safe premises applies to all lawful visitors, not just renters.

What if Your Lease Has a Liability Waiver?

Many leases contain clauses that try to limit the landlord’s liability for injuries. However, these clauses are not always enforceable, especially if the landlord violated housing codes or was grossly negligent.

Always have an attorney review your lease before assuming you can’t take legal action.

When to Contact Morgan & Morgan for Help

You should consult a personal injury attorney as soon as possible after the injury. The landlord and their insurance company may try to deny liability or offer you a small settlement that doesn’t cover your full losses.

An experienced lawyer can investigate the property, gather evidence, negotiate with insurers, and even file a lawsuit, if needed.

At Morgan & Morgan, we’ve helped thousands of renters get justice after suffering due to a landlord’s negligence. Our firm operates on a contingency fee basis, meaning you don’t pay unless we win.

On the Other Hand, You Probably Won’t Have to Sue

Often, you shouldn’t be asking, “Can a tenant sue a landlord?” Instead, you should ask, “Should I sue my landlord?”

More often than not, filing a lawsuit won’t get you what you want. Instead, you will be better off filing a claim with your landlord's insurance policy.

Typically, if you win a lawsuit against your landlord, the landlord’s insurance will pay your compensation for that verdict, but a lawsuit could take years to complete, and you probably want that money a lot sooner. An insurance claim could get you roughly the same amount of money in a fraction of the time.

Even threatening to sue might be more effective than actually suing. By hiring an attorney and serving notice that you have an actionable claim, you can usually get the landlord's insurance company to negotiate a settlement. With a good attorney representing you, that negotiated settlement will get you all the compensation you need.

Consequences of Suing Your Landlord

While you can probably win a lawsuit against your landlord if you have fallen down the stairs, there is one other major reason you probably want to avoid suing, if at all possible: your landlord owns the building you live in.

Just filing a lawsuit will usually create bad blood with your landlord. And if you win the lawsuit, that is almost certain to create animosity.

If you don’t move out of the building, you should expect that your landlord will do everything in their power to make your life miserable. They will look for excuses to evict you. And if that isn’t possible, they will probably try to make you want to leave.

Landlords have a lot of control over your comfort. They can make surprise inspections of your home, show it to potential renters at annoying times, or complete maintenance slowly. Reprisal after a lawsuit is illegal, but that doesn’t stop most landlords from doing it, and you might not be in the mood for another lawsuit.

If there is any way to maintain a civil relationship with your landlord, you should probably take it.

Find Out More About Your Case With Morgan & Morgan

Your home should be a place of safety, not danger. If you’ve suffered an injury because your landlord cut corners, ignored your complaints, or failed to maintain the property, you don’t have to suffer in silence.

You may be able to file a personal injury claim and recover compensation for your injuries, losses, and emotional trauma. Morgan & Morgan is here to help renters like you stand up to negligent landlords and get the justice you deserve.

If you or a loved one has been injured due to unsafe rental conditions, we’re ready to hear your story. Contact Morgan & Morgan today for a free case evaluation.