Does a landlord have liability for criminal activity?

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. Legal obligations for tenant safety may be specified under state statutes, local ordinances, building and housing codes, and case law.

The landlord’s duty of care extends to protect tenants from third party criminal acts and correspondingly to protect the neighborhood from criminal acts of his tenants. The landlord has the duty to enforce his rental policies and take appropriate action against illegal activities on the rental premises. For dangerous situations that cannot be prevented, a landlord has a duty to provide timely warning to tenants about the dangers or potential danger so that tenants may take their own appropriate safety precautions.

While it is unlikely that a landlord could completely crime-proof a property and fully guarantee tenant safety, working diligently toward a crime-free property with best efforts to protect tenants from foreseeable harmful acts is a critical part of business operations. Such efforts can also provide a defense against liability claims if when not having prevented the particular crime.

The best way to protect people and property and to reduce liability is to prevent criminal activities in the first place. Safety and security measures are high priority tasks in property management.

Some states have specific laws regarding the landlord’s responsibility to secure the rental premises. Most states have general safety and security requirements that hold the landlord responsible for clean and safe housing.

There can be specific requirements for safety and security measures under state and local regulations, building, housing, health, and fire safety codes. Basic safety devices such as smoke detectors, carbon monoxide detectors, deadbolt entry doors, locking windows, security bars, door viewers, and adequate exterior and interior lighting are commonly required under local ordinance or municipal codes.

A landlord is not required to provide security measures other than those devices or measures required by law. Alarm systems, security cameras, or security patrols may add to the security measures taken by the landlord to protect tenants and the property. However providing such additional measures obligates the landlord to ensure that the security measures are kept in place and devices maintained in good working order at all times.

A well-maintained property indicates active property management and is in itself a deterrent to criminal-minded individuals. Good tenants in good properties have a vested interest to be safe and secure and can alert the landlord to issues or suspicious activities that require investigation and resolution.

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