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Can a law-abiding citizen end up financially responsible
for the criminal acts of a total stranger? Yes --
especially if it's a landlord who owns rental property
where an assault or other crime occurred in the
past. Rental property owners are being sued with
increasing frequency by tenants injured by criminals,
with settlements and jury awards typically ranging
from $100,000 to $1 million.
What are the landlord's responsibilities for tenant
safety and security?
Landlords in most states now have at least some
degree of legal responsibility to protect their
tenants from would-be assailants and thieves and
from the criminal acts of fellow tenants. Landlords
must also protect the neighborhood from their tenants'
illegal activities, such as drug dealing. These
legal duties stem from building codes, ordinances,
statutes and, most frequently, court decisions.
How can a landlord limit responsibility for crime
committed by strangers on the rental property?
Effective preventive measures are the best response
to possible liabilities from criminal acts and activities.
The following steps will not only limit the likelihood
of crime, but also reduce the risk that the property
owner will be found responsible if a criminal assault
or robbery does occur. A landlord should:
- Meet or exceed all state and local security
laws that apply to the rental property, such as
requirements for deadbolt locks on doors, good
lighting and window locks
- Realistically assess the crime situation in
and around the rental property and neighborhood
and design a security system that provides reasonable
protection for the tenants -- both in individual
rental units and common areas such as parking
garages and elevators. Local police departments,
the landlord's insurance company and private security
professionals can all provide useful advice on
security measures. If additional security requires
a rent hike, the landlord should discuss the situation
with his or her tenants. Many tenants will pay
more for a safer place to live
- Educate tenants about crime problems in the
neighborhood, and describe the security measures
provided and their limitations
- Maintain the rental property and conduct regular
inspections to spot and fix any security problems,
such as broken locks or burned out exterior flood
lights. Asking tenants for their suggestions as
part of an ongoing repair and maintenance system
is also a good idea.
- Handle tenant complaints about dangerous situations,
suspicious activities or broken security items
immediately. Failing to do this may saddle a landlord
with a higher level of legal liability should
a tenant be injured by a criminal act after a
relevant complaint is made.
What kind of legal trouble do landlords face from
tenants who deal drugs on the property?
Drug-dealing tenants can cause landlords all kinds
of practical and legal problems:
- It will be difficult to find and keep good tenants
and the value of the rental property will plummet.
- Anyone who is injured or annoyed by drug dealers
-- be it other tenants or people in the neighborhood
-- may sue the landlord on the grounds that the
property is a public nuisance that seriously threatens
public safety or morals.
- Local, state or federal authorities may levy
stiff fines against the landlord for allowing
the illegal activity to continue.
- Law enforcement authorities may seek criminal
penalties against the landlord for knowingly allowing
drug dealing on the rental property.
- In extreme cases, the presence of drug dealers
may result in the government confiscating the
rental property.
How can a property owner avoid legal problems
from tenants who deal drugs or otherwise break the
law?
There are several practical steps landlords can
take to avoid trouble from tenants and limit their
exposure to any lawsuits that are filed:
- Screen tenants carefully and choose tenants
who are likely to be law-abiding and peaceful
citizens. Weed out violent or dangerous individuals
to the extent allowable under privacy and anti-discrimination
laws that may limit questions about a tenant's
past criminal activity, drug use or mental illness.
- Don't accept cash rental payments.
- Do not tolerate tenants' disruptive behavior.
Include an explicit provision in the lease or
rental agreement prohibiting drug dealing and
other illegal activity and promptly evict tenants
who violate the clause.
- Be aware of suspicious activity, such as heavy
traffic in and out of the rental premises.
- Respond to tenant and neighbor complaints about
drug dealing on the rental property. Get advice
from police immediately upon learning of a problem.
- Consult with security experts to do everything
reasonable to discover and prevent illegal activity
on the rental property.
© 2000
Nolo.com
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