A Landlord’s Liability To Protect Tenants from Crime

By E-Renter Tenant Screening
Posted on September 20, 2006 under Landlord Tips | icon: commentBe the First to Comment

In cities, burglaries, assaults and theft on residential properties are getting to be extremely commonplace. Often criminals target large rental communities, their very size and bustling activity serving to absorb the presence of intruders on a mission of theft, and it is mostly tenants, who seem to be particularly hard hit by their zeal to steal. Unlike homeowners, who can install sturdy locks or security systems, tenants may not be in a position to do so, but it is up to their landlord to install and ensure they and their possessions are safe. It is in the best interests of both landlords and tenants to beef up building security, as tenants who have been burglarised or assaulted may sue the landlord for not providing an adequately safe place to live in.

But, it is better for a landlord to avoid both the crime and lawsuit, by enhancing security measures of rental properties. Savvy tenants can do a lot to convince landlords reluctant to spend on security devices as under:

  1. State and Local Laws Check-out. As per state laws, landlords are required to provide peepholes, deadbolts, window locks and safety glass, all minimum safety equipment. A copy of the local housing code, easily obtainable from the City Mayor or Manager, even the Public Library will inform you, whether such laws apply in your city.State-wide requirements (such as, the Texas Security Devices Act) are to be found in state housing laws, and in many instances, landlords who fail to comply with these laws are subject to fines. If, a landlord refuses due to extra expenditure, a tenant can himself / herself install the necessary safety equipment, deducting the cost from their rent.
  2. Landlords must hold true to their promise of their rental property security. Few landlords can resist the urge to over extol their property attributes, when showing prospective tenants around. Aware that security is high on the list for most tenants, the property will be touted to be safe, including being protected by security systems and personnel. If, a tenant relying on these promises decides to rent, a landlord should see his / her promises hold true. You must provide the promised doorman, re-key the locks or fix a broken lock; otherwise you may provide a tenant with sufficient grounds, compelling him / her to take legal action, against you. Far better to spend a few hundred dollars on security measures than thousands on expensive litigation.
  3. Situation Evaluation. A good landlord, even if he / she is not subject to specific security equipment laws, must provide some measure of protection to their tenants. The rental building should be analysed, its entrances, lighting and windows checked to see if it is possible for a criminal on the prowl to enter the building easily.If, your building is easily accessible, the installation of extra locks, lights, including keeping the bushes and hedges trimmed, are relatively simple measures for keeping out the criminal element. As well, take the neighbourhood into consideration, whether there is heightened criminal activity in the area, in which case, a landlord must take effective crime prevention measures, rather more than if his / her rental property was in a low or crime-free area.
  4. Meet the landlord. If, a tenant feels the promised security measures are not sufficiently adequate, exposing the building’s vulnerability to intruders, why not meet the landlord and request remedial measures, following up with a written request, if necessary. Asking the agent of your landlord’s insurance carrier to get involved, may prove especially effective, as a promise of lower premiums for taking adequate measures to keep crime at bay, may have favourable results.
  5. Help from the Government. If, tenants find requests for adequate security measures are falling on deaf ears, they may file a complaint with the agency responsible for enforcing the requisite local or state ordinance involved. A successful landlord must take all necessary steps for retaining good tenants, by installing a few extra locks, which may serve to nullify the aggravation of unheeded security demands.If, you don’t comply and security problems make the rental property dangerous to live in, and if safety breaches have already allowed intruders in, a landlord may find tenants breaking the lease or rental agreement and moving out without liability for future rent payment. They must, however, give you reasonable time to correct the problem, before moving out.

Sometimes, the difference between a safe apartment and an unsafe one is the installation of a code-required lock or peephole. Apart from that, why not educate your tenants, teaching them to use common sense in questionable situations, such as, avoiding late night or solitary excursions by going out with a friend, using a cab instead of coming late and parking in a poorly lit parking lot, definitely dangerous. Tell them their personal safety is worth the inconvenience. With the help of savvy tenants, landlords can prevent crime from taking place on their rental properties. Both have to work together!

Also, in order to avoid litigation issues or allowing criminals to become your tenants, it is important for successful landlords to screen prospective tenants and employees, as well as, doing a background check on them to verify they do not have a criminal past. Visit www.e-renter.com for tenant screening and background check services.

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