FAQs – Landlord Liability For Criminal Acts And Activities

Most states to some degree, hold landlords legally responsible for protecting tenants from theft, would be assailants and criminal acts of fellow tenants.

Probably, that has you asking whether a law abiding citizen can be held responsible for the criminal acts of a complete stranger. Yes, the law will hold you responsible, if you own the rental property, where the assault or crime occurred. Not exactly a new trend, but landlords and rental property owners are being sued by tenants who have suffered injuries or had property stolen, with jury awarding settlements ranging from $100,000 to $1-million.

Ques. What should a landlord’s responsibilities be with regard to tenant safety and security?

Ans. Most states ascribe landlords with some degree of legal responsibility to protect their tenants from theft, assault, and criminal acts of fellow tenants. They are responsible for protecting the neighbourhood from illegal tenant activities involving drug dealing or growing of marijuana or illegal plants.

Ques. Is it possible for a landlord to limit responsibility for crime committed by strangers on his / her rental property?

Ans. A landlord must take effective preventive measures against criminal acts and activities. He can take a number of steps to not only limit the likelihood of crime, but, limit the risk of the landlord or property owner being held responsible for theft or criminal assault. Therefore, a landlord should:

1. Meet or exceed state and local security law dictates that apply to rental property regarding requirements for good lighting, window locks and deadbolt locks on doors, if possible.
2. Assess the crime situation in and around the neighbourhood and rental property. He / she should design a security system that provides reasonable protection to tenants i.e. in both individual rental units and common areas, such as, parking garages and elevators. Private security professionals, local police departments, even a landlord’s insurance company can furnish useful advice on effective crime preventing security measures. Installation of additional security may warrant a rent hike, in that case, the landlord should discuss the situation with his / her tenants. It goes without saying; the majority of tenants would not mind paying a little extra, as long as they know they live in a safe and secure rental unit.
3. Tenants should be educated about neighbourhood crime, and provided with a description of security measures taken by the landlord, along with their limitations.
4. Regular inspections of the rental property should be conducted to check and fix burnt out flood lights, broken locks or latches, including tenant suggestions for an ongoing repair and maintenance system.
5. A landlord should look into and handle tenant complaints about suspicious activity or a broken security system, immediately. Failure on the part of the landlord could result in the landlord being saddled with a higher degree of legal liability, if a tenant is injured or robbed despite complaining to the landlord.

Ques. Can tenants dealing with drugs on rental property land the landlord into legal trouble?

Ans. Everyone knows and it has been in the news often, drug dealing tenants can cause a slew of practical and legal problems for a landlord.

1. In such situations, a landlord will find it hard to rent out to and retain good tenants resulting in a harsh drop of the rental value of his / her property.
2. Any problems or injuries caused by irate drug dealers to tenants or people in the neighbourhood could result in them suing the landlord on grounds of maintaining a property that is not only a public nuisance, but public safety and morals are also being threatened and jeopardized.
3. The landlord could end up paying a heavy fine levied by local, state or federal authorities for allowing such illegal activities to continue on his / her property.
4. The landlord may be stuck with criminal penalties by the law enforcement authorities for knowingly allowing drug dealing on rental property.
5. The presence of drug dealers may even force the government to confiscate the rental property.

Ques. Is it possible for a landlord to avoid legal problems posed by drug dealing or law breaking tenants?

Ans. Landlords can take several practical steps to avoid tenant trouble and limit exposure to lawsuits filed against them, such as:

1. Screening tenants carefully to weed out violently dangerous individuals and selecting those that are quite likely to be law-abiding and peaceful citizens.
2. Accepting rental payments by cheque, rather than cash.
3. A landlord’s lease or rental agreement should have an explicit provision that prohibits drug dealing and other illegal activities, resulting in eviction if a tenant violates the clause.
4. A landlord should also keep a watch on heavy traffic going in and out or other suspicious activities on rental premises.
5. He / She should respond to any complaints received from tenants or neighbours regarding illegal activities on the rental property, and should inform the police immediately on learning about the problem.

A landlord should consult security experts as to the ways and means of discovering and preventing illegal activity on his rental property.