Sunday, July 6

Real Estate FAQs

Landlord Liability for Tenant Injuries

Landlord Liability for Criminal Acts and Activities FAQ

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 ,000 to 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.

The Costs of Crime
The money a landlord spends today on effective crime-prevention measures will pale in comparison to the costs that may result from crime on the premises. The average settlement paid by landlords' insurance companies for horrific crimes such as rape and assault is ,000, and the average jury award (when cases go to trial) is .2 million.

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.

Protecting Tenants from the Manager
Rental property owners should be particularly careful hiring a property manager - the person who interacts with all tenants and has access to master keys. Landlords should scrupulously check a manager's background to the fullest extent allowed by law, and closely supervise his or her job performance. A tenant who gets hurt or has property stolen or damaged by a manager could sue the property owner for failing to screen the manager properly. If tenants complain about illegal acts by a manager, landlords should pay attention. Finally, property owners should make sure their insurance covers illegal acts of their employees.