San Antonio, TX asked in Real Estate Law and Landlord - Tenant for Texas

Q: The roof cover over the bathtub in my apt came crashing down. Can I sue the leasing since it could have been fatal ?

I had been complaining about disturbance and thumping from upstairs for a while and this is also one cause for the incident I believe. I was saved since I was not inside.

1 Lawyer Answer

A: If a landlord is negligent or something on the property breaks due to lack of care by the landlord, there may be negligence. However, unless you are actually hurt ( not just scratches ), there is no lawsuit as there must be a breach of duty ( negligence ), by LL, coupled with that breach causing real injury or harm.

Hope this helps.

John Cucci, Esq.

Teri A. Walter agrees with this answer

1 user found this answer helpful

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