Can I sue my apartment complex? What are my tenant rights?

Let’s face it—living in an apartment complex isn’t always sunshine and rainbows. Sometimes, things go wrong. Maybe your landlord or property management company isn’t fixing that leaky roof, or perhaps you’ve been dealing with pest infestation for months. Worse yet, you might have suffered a personal injury due to dangerous conditions on the property. If you’re fed up and wondering, “Can I sue my apartment complex?”—the short answer is yes. 

However, there’s a lot to consider before taking legal action. Let’s explore the scenarios where legal action might be appropriate and how to navigate this process.

When can I sue my apartment complex or landlord?

Keep in mind that not every inconvenience warrants a lawsuit. However, there are certain situations where filing a complaint or taking legal action might be your best option. Here are some common scenarios when you can sue your landlord.

Unsafe or dangerous conditions

If your rental property has unsafe conditions—like broken stairs, faulty wiring, or mold and mildew—and your landlord or property management has ignored your complaints, you might have a case. 

Another red flag could be inadequate security measures (lack of security cameras, malfunctioning locks, or insufficient lighting) that may make tenants vulnerable to criminal activities. Another concern could be poor electrical systems maintenance. Neglecting electrical upkeep can lead to fires, shocks, or power outages, posing serious risks.

Under premise liability, property owners are responsible for maintaining a safe environment for tenants. To hold a landlord or property management company accountable, you must establish that their negligence led to unsafe conditions causing harm. This involves demonstrating that they had a duty to maintain the property, breached this duty and that the breach directly resulted in your injury or loss.

Personal injury

Did you slip on an icy sidewalk that wasn’t salted? Or maybe you got hurt because of a broken handrail? If you’ve incurred medical expenses due to an injury caused by the complex’s negligence, you could sue for compensation.

Pest infestations

Living with roaches, bedbugs, or rodents isn’t just gross—it’s a health hazard. If your landlord or apartment complex has failed to address the pest infestation issue despite repeated complaints, you might have grounds for legal action.

Violations of the Housing Act

The Department of Housing and Urban Development (HUD) enforces laws that protect tenants. If your apartment complex is violating your rights under the Fair Housing Act—like discriminating against you or failing to provide habitable living conditions—you can file a complaint with HUD or sue.

Retaliation or illegal eviction

If your landlord tries to evict you or raises your rent because you filed a complaint, that’s illegal in most states. You can fight back in court.

Read more: Can my landlord show my apartment before I move out?

What are the steps to take before suing your apartment complex or landlord?

Before you rush to sue in small claims court or hire a lawyer, there are a few steps you should take:

• Document everything. Keep a record of all communication with your landlord or management company. Take photos of unsafe conditions, save medical bills, and note any witnesses.
• File a formal complaint. Most states require tenants to notify their landlords in writing about issues before taking legal action. Send a certified letter detailing the problem and give them a reasonable amount of time to fix it.
• Know your rights. Familiarize yourself with your state’s landlord-tenant laws. These tenancy laws outline what landlords are responsible for and what constitutes a breach of duty.
• Seek a professional consultation. Many lawyers offer a free consultation to discuss your case. They can help you understand whether you have a strong case and what your options are.

What to expect when you sue?

Remember that winning your case depends on the evidence you have and whether you can prove that your landlord or apartment complex was negligent. For example, if you can show that they knew about the dangerous conditions but failed to act, you’ll have a stronger case.

If you decide to sue your apartment complex, here’s what you might encounter:

Small claims court

For smaller disputes (usually under $10,000, depending on your state), you can sue in small claims court. This is a faster, less formal process, and you won’t need a lawyer. However, you’ll need to pay court costs upfront.

Hiring a lawyer

For larger claims—like personal injury cases or complex negligence issues—you’ll likely need an experienced attorney. They can help you navigate the legal system and maximize your compensation.

Settlement

Many cases settle out of court. Your landlord or property management company might offer to fix the issue or pay you to avoid a lengthy legal battle.

What is the potential compensation for winning a lawsuit against your landlord?

If negligence leads to unsafe conditions, legal action may be necessary to ensure accountability and secure appropriate compensation. Successful legal action can result in compensation for:

• Medical expenses: Costs related to treating injuries caused by unsafe conditions.​
• Relocation costs: Expenses incurred if you had to move due to uninhabitable conditions.​
• Emotional distress: Compensation for mental anguish resulting from the negligence.​
• Court costs: Reimbursement for expenses associated with filing and pursuing the lawsuit.

What preventive measures can tenants take to create a safe living environment? 

While landlords and property management companies are legally obligated to maintain safe and habitable living conditions, tenants play a crucial role in reporting issues and advocating for their rights. 

• Regular home inspections: Ensure that landlords conduct routine checks to identify and address potential hazards.​
• Prompt home maintenance: Report issues immediately and follow up to ensure timely repairs.​
• Stay informed: Understand your rights under local housing laws and the Housing Act to advocate effectively for a safe living environment.​

Can I sue my apartment complex? Final thoughts

So, if you’re asking, “Can I sue my apartment complex?”—the answer is yes, and now you know how to get started.

Suing your apartment complex isn’t a decision to take lightly, but it’s sometimes necessary to protect your rights and safety. For this reason, knowing your rights as a tenant is crucial. If you’re unsure where to start, consider reaching out to a lawyer or filing a complaint with your local housing authority.

Remember, you don’t have to put up with subpar living conditions. Whether it’s through negotiation, mediation, or legal action, you have options to hold your landlord or property management accountable.

Written by Ramona Sinha. March 27, 2025

Ramona is the Senior Content Writer for Kukun. This experienced blogger uses simple and succinct words to decipher the complex phenomenon called life. She has written articles covering a broad range of topics, such as real estate, lending and mortgage, finance, business, taxation, home designs, home improvement projects, decor concepts, and more. An avid traveler, she’s a digital nomad at heart and an animal lover from the depth of her soul.