What are the landlord’s responsibilities to provide safe rentals?
Many states have general safety and security requirements that hold the landlord responsible for clean and safe housing. Under the implied warranty of habitability, the landlord is obligated to provide premises that are fit and habitable for human occupation including provisions for essential services such as electricity, plumbing, heating, ventilation, sanitary systems, trash/garbage removal, and running water.
A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. Legal obligations for tenant safety may be specified under state statutes, local ordinances, building and housing codes, and case law.
The landlord has the duty to enforce his rental policies and take appropriate action against illegal activities on the rental premises. For dangerous situations that cannot be prevented, a landlord has a duty to provide timely warning to tenants about the dangers or potential danger so that tenants may take their own appropriate safety precautions.
Proactive safety measures such as smoke detectors, carbon monoxide detectors, deadbolt entry doors, locking windows, security bars, door viewers, and adequate exterior and interior lighting are commonly required under local ordinance or municipal codes.
A landlord is not required to provide security measures other than those devices or safety measures required by law. Alarm systems, security cameras, or security patrols may add to the security measures taken by the landlord to protect tenants and the property. However providing such additional measures obligates the landlord to ensure that the security measures are kept in place and devices maintained in good working order at all times.
Once the landlord has determined the minimum legal requirements for his property, he must then determine whether his property meets or exceeds the standard. An inspection of building, grounds, and units should be conducted to assess the current safety and security conditions.
Regular, periodic scheduled inspections of unit interiors will point to needed repairs or replacements. Tenants should be encouraged to report items or conditions requiring service as soon as issues are discovered. Failure of the landlord to promptly correct issues by repair, replacement, or other appropriate measures leaves the landlord open to liability for tenant harm, particularly so if the landlord has ignored tenant notifications of issues.
Regular, periodic inspections of the building structure, building systems, and grounds are due diligence practices for maintenance, repair, or replacement issues. Common areas and community use facilities must be well maintained with adequate lighting. While landscaping adds to the curb appeal of the property, shrubbery, trees, and plantings must be maintained and controlled properly for security reasons.
Physical safety and security devices and property assessments do help to protect tenant interests and help to lessen landlord liability. It is equally important that a landlord incorporate safety and security measures into rental policies and procedures to control property management operations.