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In most cities, burglaries and assaults on residential
property are commonplace. Tenants seem to be particularly
hard hit; criminals often target large rental communities
because their very size and bustle serve to absorb
an intruder's presence. And unlike homeowners, tenants
are usually not in a position to install effective
deterrent measures such as sturdy locks.
What can you do if you think your landlord's attempts
at providing a safe place to live are inadequate?
It's doubtless scant comfort to know that you may
be able to sue if your unit is burglarized or you
are assaulted. A landlord thus burned will almost
certainly beef up building security.
Far better, of course, to bypass both the crime
and the lawsuit, and go straight to the enhanced
security measures. Here's what a savvy tenant --
or better, group of tenants -- can do to convince
an ignorant or reluctant landlord to take care of
business.
Check state and local laws.
In many parts of the country, landlords must provide
minimum safety equipment, such as peepholes, deadbolts,
window locks and safety glass. To find out whether
such laws apply to your landlord, get a copy of
your local housing code from your city manager or
mayor; or look it up in your public library.
State-wide requirements (such as the Texas Security
Devices Act) are found in state housing laws, available
online and in law and public libraries. In many
instances, landlords who fail to comply with these
laws are subject to fines, or the tenants themselves
can install the necessary equipment and deduct the
cost from their rent.
Hold your landlord to promises about security.
Few landlords can resist the urge to puff up the
attributes of their property, when you're considering
renting a unit. Many, knowing that security is high
on most tenants' lists, will assure you -- through
advertisements or orally -- that the property is
safe and protected by security systems and personnel.
If you rely on these promises when deciding to rent,
you are entitled to see them carried out. Your landlord's
failure to provide the promised doorman, re-key
the locks or fix the broken door lock may be grounds
for you to take legal action, as explained below.
Evaluate the situation yourself.
Even if your landlord is not subject to specific
equipment laws, and has made no promises about safety
or protection, you're still entitled to some measure
of protection. Analyze the building -- its entrances,
lighting and windows -- as if you were a criminal
on the prowl. How hard would it be to get in?
If getting in would be easy, and deterring an intruder
would also be relatively simple, by taking basic
steps such as installing locks and lights and trimming
bushes, your landlord's duty to take these steps
increases. Consider the neighborhood, too: Have
there been criminal incidents nearby? If so, your
landlord is bound to take more effective steps than
if the area were completely crime-free.
Meet with your landlord.
Explain your concerns to your landlord. Point out
any local or state laws that apply, the landlord's
promised security measures and the results of your
analysis of the building's vulnerability to intruders.
Make specific requests, and follow up with a written
request if necessary.
Surprisingly, many landlords faced with determined
and knowledgeable tenants will listen up as they
realize that not taking care of business can, in
the long run, be much more expensive and time-consuming
than paying attention to the problem now. If you
know the name of your landlord's insurance carrier,
asking the agent to get involved might prove especially
effective.
Get help from the government.
If gentle persuasion doesn't produce results, consider
calling in reinforcements. If a local or state ordinance
is involved, file a complaint with the agency in
charge of enforcing it.
Break the lease and move.
If security problems make your rented home truly
unlivable -- for example, safety breaches have allowed
intruders already, and there's no reason to think
that you or your home won't be next -- you may have
grounds for breaking the lease or rental agreement
and moving out without liability for future rent.
First, however, you must give the landlord a reasonable
time in which to correct the problem.
Fix the problem and sue for reimbursement.
Sometimes the difference between a safe apartment
and an unsafe one is the installation of a code-required
lock or peephole. You might try simply doing the
work yourself and suing in small claims court for
the cost. If your lease or rental agreement has
a "no alterations without consent" clause, you are
courting some risk of eviction for violating the
clause; but especially if you've done something
that is clearly required of the landlord, he'll
have a hard time getting a judge to evict you for
doing his job.
Protect yourself.
This step, although at the end of our list, is
really one that applies always. Use good sense when
in a questionable situation -- forgo late night
or solitary excursions, travel with a buddy, use
a cab instead of the dark and dangerous parking
lot. Your safety is worth the inconvenience.
© 2000
Nolo.com
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