What are the landlord’s responsibilities regarding tenant safety?

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. The landlord’s duty of care extends to protect tenants from third party criminal acts and, correspondingly, to protect the neighborhood from criminal acts of his tenants.

A landlord should assess his property’s safety and security vulnerabilities. A physical inspection of the property can point to areas that require additional safety measures or upgraded security systems. While a landlord cannot guarantee tenant safety, with adequate due diligence and appropriate safety measures, a landlord can help secure a property from known risks.

A landlord’s property security assessment will determine what security measures are needed to effectively protect the property. Basic security measures for all types of properties include:

  • Exterior lighting at entrances and walkways
  • Interior lighting at stairwells, hallways, doorways, garage or parking entrances
  • Locks including dead-bolt locks for entry doors, window locks, patio door locks
  • Landscaping that does not block or obscure doorways or windows

The type of property, the location of the property, and the security measures as required by state statutes, local ordinances, or building safety codes may also determine what must be provided for adequate protections.

Measures for tenant safety can include rental policies and practices for tenant screening. Tenant screening practices that include thorough background checks for credit history, rental history, criminal conviction history, public records, and landlord references can help control business risks and protect current residents from harm.

A landlord should monitor activity on his rental property for signs of illegal or nuisance activities and take appropriate measures to enforce rental policies and take legal action as required to stop illegal activities and remove nuisance tenants.

Responsible landlords have good management practices, prompt response to tenant security concerns and complaints, regular property inspections, timely response to maintenance and repair issues, and installation and maintenance of required safety and security devices that help protect tenants’ safety and reduce landlord liability for known risks.

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