FAQs – A Landlord’s Liability For Criminal Acts And Activities

Most states, to some degree, hold landlords legally responsible for protecting their tenants from cases of theft and assault, including the criminal activities of fellow tenants.

The question is: “Can a law-abiding citizen be held financially responsible for a crime committed by strangers?” The answer is a resounding “Yes!” especially, in the case of a landlord whose rental property has witnessed theft, assault or any other sort of criminal activity, in the past. Lately, there has been an increase in lawsuits against landlords by tenants, who have been assaulted, or whose rental accommodation has been burglarized. And, the law seems to be on the side of the tenants, with even the jury awarding them settlements that range from $100,000 to $1-million.

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

Ans. Landlords have a certain degree of legal responsibility to safeguard and protect their tenants from would-be assailants and thieves, as well as, the criminal element amongst fellow tenants. They also have the responsibility of protecting the neighborhood from tenants indulging in illegal activities, such as drug dealing. A landlord’s legal duties spring from building codes, ordinances, statutes including court decisions.

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

Ans. Most certainly, landlord responsibility can be limited by taking effective preventive measures against possible liabilities resulting from criminal acts and activities. The following steps will not only limit the likelihood of a criminal act, but will also reduce the risk of a property owner being found responsible, in the event a criminal assault or robbery does occur. Every landlord should:

• Meet or exceed all state and local security laws applying to rental property, such as, deadbolt locks on doors, windows locks, including bright lighting inside and outside the premises.
• Landlords should realistically assess the crime in and around their rental property and neighbourhood, and use the information to design a security system that offers reasonable protection to his / her tenants. It should not only take care of individual rental units, but common areas i.e. garages, parking lots, underground car parks and elevators, as well. If, you don’t have a clue how to go about it, simply contact the local police department, or your insurance company, including private security professionals, all of whom can offer useful advice on various security measures. If, bulking up on additional security warrants a rent hike, talk it over your tenants. Most likely, you will find, they are not averse to paying extra, if it they and their personal belongings are well protected.
• As well, it is a good idea to educate tenants on crime in the neighbourhood, including describing the security measures provided and their limitations.
• It also pays to maintain the rental property, taking care to conduct regular inspections to note if any security problems, such as broken locks or burned out exterior flood lights need to be fixed. Taking tenant suggestions as part of ongoing repair and maintenance system is another brilliant idea.
• Tenant complaints about dangerous situations, suspicious activities or broken security equipment should be handled immediately on a priority basis. If, you fail to do so, you could find yourself saddled with a higher level of legal liability, in the event a tenant is injured in a burglary gone awry, even after a relevant complaint has been lodged with you.

Ques. What kind of legal trouble are landlords confronted with if their tenants indulge in drug dealing on the property?

Ans. Tenants, who are involved in the illegal act of drug dealing, can land a landlord into all kinds of complex legal trouble:

• If drug-dealing is going on in your rental property, you will find it difficult to find and retain good tenants, which will only send your property value plummeting.
• Anyone injured or annoyed by drug dealers, whether they are tenants or people from the neighbourhood, can sue the landlord on the grounds their property is a public nuisance that seriously threatens both public safety and morals.
• A landlord who allows illegal activities to continue on his / her rental premises may also invite stiff fines to be levied by local, state or federal authorities.
• A landlord, who knowingly allows drug dealing on his / her rental property, may find criminal penalties slapped against him / her by the law enforcement authorities.
• In extreme cases, the presence of drug dealers on your rental premises may result in the confiscation of your property by the state government.

Ques. How can legal problems arising from drug dealing or law breaking tenants be avoided?

Ans. Landlords can take several practical steps to avoid landing into legal trouble arising from tenants, including limiting their exposure to lawsuits, such as:

• Screening tenants meticulously, selecting only those who are likely to be law-abiding and peaceful citizens. Violent, dangerous individuals should be weeded out, to the extent permissible under privacy and anti-discrimination laws, which limit questions that can be asked of a prospective tenant, regarding any past criminal activity, drug use or mental illness.
• Always, ask rental payment to be made by cheque. For your own protection, never ever accept cash rental payments.
• Disruptive behaviour on the part of tenants should not be tolerated or exonerated. Your lease or rental agreements should have an explicit provision strictly prohibiting drug dealing and other illegal activity. If you find any tenant violating this clause, promptly evict them.
• If there is heavy traffic in and out of your rental premises, you have every right to be suspicious of this activity.
• If other tenants or neighbours complain about drug dealing activities taking place on your rental property, get advice from the police, just as soon as you learn about the problem.

All landlords should consult security experts for advice and guidance on what should be done to discover and prevent illegal activity taking place on their rental property.

To avoid expensive litigation with unruly tenants, successful landlords will find screening prospective tenants and employees helps in weeding out those who have past evictions or a criminal past. Visit www.e-renter.comfor tenant screening and background check services.