Apartment security services can protect a rental property through a variety of active security measures. What measures should be taken as part of a security strategy should be customized to a particular rental community. Active security tactics such as having an on-site physical presence helps deter and prevent crime. With visible security measures in place, tenants feel more safe and secure living at the property. The security measures can be considered a tenant amenity that adds value to the rental property. Potential tenants are attracted to well maintained, safe, secure properties and current tenants being protected by security measures are more likely to renew their leases.

Security needs vary by apartment community size, location, layout and other factors such as the neighborhood, crime rate in the area, likelihood of incidents, and the contract term. Security measures can include active measures such as highly visible lighting, gating, and controlled entry/exit points, pro-active measures such as vehicle patrols or standing guards, or reactive safety measures such as security cameras.

It would be a best practice to request a quote and consultation with several security services providers to evaluate their recommendations and pricing structure for proposed security measures. While price is important to a landlord’s business operations, price should not be the deciding factor at the cost of lesser security services that fail to fully protect the rental community.

Duties and responsibilities of on-site security officers may include:

• Protecting rental property 24/7
• Responding to emergencies
• Enforcing rental policies rules
• Controlling access to buildings
• Monitoring alarms and surveillance systems
• Patrolling areas and performing security checks and lock-ups
• Preventing vandalism, theft, or other crimes
• Preventing trespassing and loitering
• Greeting visitors at check-in and check-out
• Parking regulations enforcement

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.

A well developed and maintained employee handbook can protect the best interests of the company. Used to communicate important company policies and procedures including the company’s legal obligations, the handbook, in clear language, sets out the company’s expectations for employees and the benefits and support the employees can expect from the company. The handbook tells the story of the company and introduces employees to the company’s culture, core values, mission, and market served, and helps employees understand their place in the organization. It sets the standard for the employer-employee relationship by communicating employer and employee responsibilities, the company’s legal obligations, and the protections of employee rights.

The handbook provides guidelines to address a variety of employment issues to consistently apply appropriate actions to ensure all employees are treated equally and fairly in accordance with company policies, practices and applicable laws.

A legally compliant, current employee handbook can provide a first line of defense against employee lawsuits, such as claims of wrongful termination, discrimination and harassment. The handbook can show how the employer exercised reasonable care to inform employees of the company’s policies and practices and made available company support resources to help employees with questions, concerns, and assistance. Employees in turn acknowledged receipt of the handbook, their understanding of company policies and procedures, and agreed to follow terms and conditions of employment as set by the company.

There can be a possible risk that an employee handbook can create a legal issue for employers and employees. The issue is whether employee handbooks are legally binding. If the language in the handbook can be interpreted as promises or guarantees made to employees, employers could be legally bound to those promises whether or not that was the intention of the employers.

Employers should ensure the employee handbook contains specific language that the handbook is not to be considered a binding contract. If the handbook does not directly address the issue of contract, then the employee handbook could potentially be considered a legally binding document between employer and employee. Due diligence by employers is required to determine if there is applicable state law on this matter and how it is addressed.

The language used in the handbook to detail company policies and procedures can affect the interpretation of those policies and the employer’s intent regarding those policies. The choice of words used in policy statements could be the difference in determining whether the policies are considered legally binding. For example, the words “will”, “shall” or ““must” are definitive by nature and can be interpreted quite differently than words such as “may”, “could”, or “might”. The latter choice of words is more suggestive of a best practice of the company without implying a contractual obligation to perform a certain task.

Employers should review the language used in the handbook and revise the language accordingly for clarification of employer intent. Without the proper language, an employer could be vulnerable to employee lawsuits alleging that the employee handbook is indeed a legally binding contract. Legal consultation for document review and revision may be an appropriate best practice to protect the company from this potential risk. It is always a recommended best practice to have a legal professional review a company’s employee handbook before it is published and distributed to employees.

There is a difference between a business policy and a business contract. Business contracts are legal documents detailing terms and conditions of an agreement between the business and a client/employee. Business policies are rules and regulations drafted to govern business operations in a consistent manner.

The difference between business policies and business contracts is also a matter of enforceability. If a party to a contract breaches the contract, the breeching party can be held liable for damages. A policy is regarded as a proposed course of action, not a law. Unless a business policy has been designated as an essential term of a business contract, a policy is generally not legally enforceable.

The use of disclaimers in employee handbooks adds to clarification of company policies and procedures and can help prevent liability claims, or misunderstandings by employees. The issue of at-will employment should be stated in the employee handbook to make sure employees are noticed regarding company policy. The statement may use language such as: “either the company or employee can terminate the relationship at any time, with or without notice, with or without reason, to the extent allowed by law.” Employers may want to check with a legal professional to ensure correct and appropriate language and notification requirements.

Many employee handbooks include a disclaimer that the handbook is not to be construed as a legally binding employment agreement. The handbook is a reference manual of company policies, key procedures, benefits and guidelines and does not make any promise for continued employment. The handbook does not create a contract, either express or implied, between the employer and any employee and does not guarantee employment for any specific term.

An employee handbook may have a disclaimer regarding previous policy documents. The disclaimer may use language to the effect that this employee handbook supersedes and replaces all previous policies and procedures. This may include but is not limited to all written policies or memoranda that may have been issued on subjects covered in this handbook.

It is important to note in a disclaimer that the policies and procedures in the handbook may be subject to change as new laws are issued and current laws revised. To that end, the policies included in the handbook are guidelines only and are subject to change as the company deems necessary and appropriate. Employees will receive notifications from time to time of new policies or modified policies, procedures, benefits, or programs.

To protect the business, it is important that employees are required to acknowledge receipt of the employee handbook. This is done by their signature and date on an acknowledgement page. The signed acknowledgement should be kept in the employee’s personnel file. The employee by signature and date also acknowledges that he/she is aware that the referenced employee handbook contains the policies and procedures by which the company conducts its business. The acknowledgement should also state that the employee understands his/her responsibility to read the handbook, familiarize himself/herself with the contents, and follow all policies and procedures, terms and condition of the employer as set forth in this handbook or elsewhere.

As new policies are created and old ones revised or deleted, the handbook should be updated to reflect the changes. Whether the handbook format is a hard copy or online digital file, the entire handbook should be reviewed at least annually, revised as needed, and re-issued as applicable. All employees should receive training on updates to the handbook for new and revised policies and procedures as well as new and revised employment laws. Each employee should sign a new acknowledges of receipt of changes to the handbook and the acknowledgement filed accordingly in the employee’s file.

Employment law frequently changes and updating rules and regulations at the federal, state and local level is important to reduce liability risk and financial harm from employee claims. Outdated or incomplete company policies can also create liability regarding legal compliances.

A key point for employers in drafting an employee handbook is that the handbook needs to reflect the scope and manner in which company conducts business. If an issue related to business operations is important to the company, there should be a company policy that addresses that issue, including how that policy will be enforced.

The employee handbook provides employees with the information they need to perform their work, utilize company benefits, and protect their legal rights. The employee handbook documents the company’s commitment to meet legal obligations and provide a safe workplace for employees with fair, equal, non-discriminatory policies and procedures.

Rental applications are the most efficient means to gather relevant background information about a prospective tenant in order to begin the rental qualification process. Customized to a landlord’s business requirements, the rental application form is a screening document that asks questions in standardized format about an applicant’s background, such as rental history, credit history, employment, and income, to assess the likelihood of lease default if the applicant were to be installed as a tenant. Questions are designed to help the landlord determine if the potential tenant has the ability to meet rent obligations in a timely manner and comply with rental rules and regulations. A rental application should be completed by each prospective tenant age 18 or older who intends to live in the rental unit.

The standardized format helps to ensure the screening process is conducted in a non-discriminatory manner. Every applicant receives the same application form to be processed in the same manner according to rental practices. There can be no selectivity or preferential treatment of one applicant over another applicant.

The Federal Fair Housing Act (FHA) prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. State and local fair housing laws can provide even broader coverage of certain protected classes. These laws surpass federal law to address additional protected classes such as age, ancestry, marital status, veteran and military status, sexual orientation, gender identity or expression, and source of income. A landlord is required to comply with the level of law that affords the most protection against discrimination.

A landlord must be knowledgeable of fair housing laws to understand what questions are permissible to include on the application form and what questions cannot be asked. Questions that violate the rights of protected classes are illegal. Questions, even if asked informally during a conversation, may not stray into issues that are legally protected rights of applicants and tenants.

A good rental application is not only compliant with applicable laws but organized in an easy to read and understandable format that allows the applicant to fully answer the questions.

A basic rental application will organize requested information into categories, such as applicant personal data, household information, income and employment, rental history, credit and financial accounts information, references, and other background information. Applications can be submitted to the landlord in person or directed by the landlord to a online rental portal or online rental services provider. When accepting applications, landlords must require the applicant to furnish proof of identity. The industry standard requires two forms of identification preferably with one document having a photograph of the individual.

For example, a rental application may request:

Applicant personal information

• Legal name
• Aliases or other names used
• Social security number
• Contact phone numbers
• Email address
• Driver’s license or state identification number, including state where issued
• Expiration date of driver’s license or state identification card
• Emergency contact name and phone number

Household information

• Additional occupants who will live in the rental unit
• Pets in household including description, breed, size, weight
• Requested move in date
• Vehicle make, model, and license plate number
• Oversize vehicles, boats, or trailers

Employment

• Current employer’s name and address and any previous employers in the past three years
• Applicant’s job title
• Applicant’s monthly gross income
• Length of employment
• Supervisor’s name, phone number

Other income

• Source document
• Gross income amount

Rental history

• Current address and any previous rental addresses in the past three years
• How long at each address
• Monthly rent
• Security deposit
• Cotenants
• Names and contact information for previous landlords
• Reason for leaving

Credit and financial accounts

• Credit cards and monthly payment
• Installment loans and monthly payment
• Bank accounts checking or savings

References

• Personal
• Professional

Other Background information

• Bankruptcy filing
• Judgment
• Tax levy
• Eviction history
• Party in a lawsuit

Applicant signature

The applicant’s signature and date on the application attests that all information provided by the applicant on the application form is truthful to the best of the applicant’s knowledge. A separate signed applicant acknowledgement and consent to contact current and previous landlords, personal references and employers may be requested by the landlord to verify information provided on the rental application.

Disclosures

When landlords use consumer reports to aid in tenant decisions such as applicant screenings, the federal Fair Credit Reporting Act (FCRA) obligates the landlord to certain regulated practices to ensure FCRA compliance for the protection, privacy, and accuracy of consumer personal information. This may include a separate notice and disclosure requirement for applicant authorization and consent per FCRA requirements. Due diligence by a landlord is required to determine what is needed to ensure FCRA compliance.

Additionally there may be required landlord disclosures by state statute or local ordinance that apply when a landlord receives a completed application. Disclosures could include the landlord’s written rental qualification criteria, tenant screening policies and practices, standard rental policies, fees and deposits, utility responsibilities, or other statutory requirements.

The application form should state that the applicant’s failure to provide all items of information requested or providing incomplete or inaccurate information are in themselves grounds for rejecting the application.

Section reserved for landlord use

For liability protections and risk management, a landlord should reserve a section on the application for management use only. This section can contain the date and time the application was received, the property address, the rent amount quoted, deposits and fees quoted, receipt of deposits and fees paid at time of application, unit availability date, and requested move-in date. With the applicant’s signature on the application, the document serves as confirmation of oral discussions at time of application or during a prior contact. A landlord should not leave himself vulnerable to a misunderstanding of terms and conditions of tenancy or rely upon landlord or tenant memory as to details of discussions of move-in requirements. Showing proof of date and time of application is a first in time practice that provides some protection from claims of discriminatory treatment.

State and Local Laws on Rental Applications and Tenant Screenings

There have been recent legislative actions by some states, cities and counties that have impacted tenant screening policies and practices. In those jurisdictions there are now state statutes and local ordinances, as examples, the Fair Chance Ordinance, the Rental Application Fairness Act, the Renter Protection Ordinance, the Fair Access in Renting Ordinance, and the Fair Chance Housing Ordinance, that limit, restrict, or prohibit certain tenant screenings at time of application or during the screening and selection process. A landlord will need to research current laws applicable to the state or city/county governing his rental property location to develop legally compliant screening practices and, accordingly, associated rental documents for qualification and screening.

Document Safety and Retention

The information collected from an applicant imposes responsibility on the landlord to use the information in accordance with all laws, and to safeguard that information throughout the term of the tenancy and the required retention period following tenancy. The landlord must properly dispose of tenant records containing personally identifying information in a compliant manner as addressed by statute at expiration of the required retention period or other applicable statutory requirements,

The application process properly conducted and documented can reduce the risk of claims of discrimination in the screening and selection of applicants. The signed rental application and the tenant screening results support the landlord’s decision to offer tenancy to the selected applicant.

Once a landlord has determined his tenants are safe, the next priority is to assess the rental property damage followed by contacting his insurance agent.

When the weather emergency has ended, and authorities have declared it safe for owners and residents to return to a damaged property, a landlord should inspect the property to determine the extent and type of damage to the property. Inspection should include a thorough inventory of damage to the building(s) for structural damage including roof, walls, and foundation, and interior damage to contents including furnishings and appliances. There may be flood damage as well. During the inspection a landlord should document the damage by taking pictures and/or a video recording. This documentation will aid in the processing of insurance claims.

To help prevent further damage to the property until repairs can be made and to prevent injury to others, a landlord should secure the property by covering damage to the roof and walls with plastic sheeting or plywood board. This measure is to prevent additional loss; the landlord should not proceed with removal of debris or to repair damage. Until the landlord has contacted his insurance agent, filed a claim, and the insurance company has completed their property inspection and damage assessment, the landlord cannot begin work to repair or restore the rental property.

Insurance coverage for hurricane damage to rental property can vary among insurance carriers and the coverages purchased by the landlord. Available coverage can depend on the property location, the type of property (single family, multi-family, etc.), the number of units, policy type, policy limits, policy exclusions, and whether the policy is for replacement cost or actual cash value.

While landlords in Florida must keep the rental premises safe, sanitary, and in good repair, they are not obligated by law to protect the rental property from damage or destruction from weather events such as storm surges, flooding, tropical storms, hurricanes, or heavy winds.

A landlord could include a provision in his lease agreement regarding responsibility for storm preparation duties, such as installing storm shutters, boarding up windows and doors, or taking some other type of protective measures for the rental property. However, most landlords do not address the issue by lease agreement provisions.

If the lease does not require the landlord to protect the property, the landlord declines to protect the property, the tenant must protect his possessions through his own means and measures. However, the tenant may not be able to modify the landlord’s property by installing storm shutters or attachment of any other protective item. A landlord can include a provision in the lease agreement that prohibits the tenant from taking steps to protect the rental premises from hurricane damage.

Before the hurricane season arrives, a landlord should conduct a property inspection to identify repair or protective work that must be done. To hurricane proof the property, the landlord should be prepared to keep wind and water out, roof shingles secured, and any openings, cracks, or holes sealed against moisture.

The property inspection should:

• Check the rental property for dead trees, damaged trees or large branches that could fall due to high winds.
• Clean the gutters and downspouts to allow water to drain properly. Making sure all gutters are clear from debris will help prevent water from pooling and causing roof leaks or other water damage issues.
• Check the roof for damage, leaks, or loose shingles. Install roof clips or hurricane straps to help keep the roof attached to the building structure.

Additionally a landlord may consider installing storm shutters for windows and doors to protect against heavy wind damage, and stockpile emergency protective building materials such as plywood, sandbags, and plastic sheeting for storm proofing and repairs.

It is recommended that prior to the expected landfall of the storm a landlord should:

• Board up windows and doors with plywood and/or close permanent storm shutters.
• Tape exposed glass to help protect against breaking.
• Secure garage doors.
• Take in all outdoor furniture, umbrellas, garbage cans, or other loose objects that could be propelled into the air.
• Reduce the risk of damage from flooding by elevating critical utilities, such as electrical panels, switches, sockets, wiring, appliances and heating systems and place sandbags around the property’s perimeter in front of the doors.
• Turn off propane tanks.
• Turn off the main gas valve.

Landlords can help tenants prepare for weather emergencies by providing safety and protection tips such as:

• Always pay attention to storm alerts and warnings. Download a weather alert app to stay informed of the latest weather conditions and be prepared to evacuate as necessary.
• Keep cell phones charged in case the power goes out. It’s also a good idea to have fully charged rechargeable power sources for your important electronic devices.
• Create an emergency plan including evacuation routes and household communication protocols.
• Make a pet plan. Many emergency shelters do not allow pets. Make plans ahead of time on what to do with pets if evacuation is required.
• Create an emergency kit with supplies that may be needed for an extended period of time without power. The emergency kit can be used to shelter in place or function as a “grab and go bag” if evacuation to an emergency shelter becomes necessary.
• Vehicles should have full tanks of gas in the event evacuation is necessary.
• Make sure all pets are indoors.
• Close all windows and doors.
• Move all furniture away from exposed windows and doors.
• Fill bathtubs, sinks, washing machines, or other containers with water for emergency water supply and sanitation purposes.
• Set the refrigerator setting to the coldest setting to keep foods cold longer. Do not open refrigerator unless necessary.

• Move to a small, interior, windowless room in the center of the unit/building that is on the lowest level not subject to flooding.

Being prepared with an emergency response plan for natural disasters, declared emergencies, or any other unforeseen threat or disaster can protect the safety of individuals, mitigate property damage, and prevent loss of life. An emergency response plan is a critical risk reduction measure for landlords. Improving readiness to respond and recover from disaster starts with preparedness planning to protect tenants and properties.

There are landlord legal obligations under most states’ landlord-tenant statutes regarding the warranty of habitability. Landlords are required to offer and maintain leased premises in a safe and sanitary condition fit for human habitation for the duration of the lease. Habitable conditions include essential services. If an emergency results in disruption, damage, or destruction of property or services which could threaten the health, safety, or well-being of tenants, the landlord and tenant have certain obligations by statute and lease agreement regarding legal rights for repairs of rental units or termination of the lease.

A landlord has the duty of care to take adequate measures to protect the safety of the tenant and tenant personal property from known risks. A landlord may incur liability or charges of negligence if the landlord’s response is inadequate or untimely during or following emergency conditions.

Following recommendations and guidelines provided by federal and state regulatory agencies and applicable federal, state, and local laws, a landlord’s emergency preparedness plan must provide appropriate measures for timely response to critical needs in hazardous conditions.

An effective emergency response plan identifies hazards, prepares mitigation and defense strategies, details preparation steps for action specific responses, and includes recovery procedures for return to premises and normal operating conditions for the locality of the business.

Identification of hazards is an important first step in developing an emergency response plan. Landlords should use a worst case scenario planning approach, taking into account what events could possibly happen and what events have happened in recent history.

Effective planning will address issues of responsibility, authority, and communication during the emergency in clear and understandable language. The plan is the guide for landlord, tenant, and rental staff to implement safety measures during an emergency and thereafter.

Every property has a unique and diverse tenant population. The emergency response plan should include measures to assist youth, older adults, and tenants with disabilities, mobility issues or functional needs during the emergency. There may need to be accommodations made for evacuation or sheltering in place. Alternative communication devices may be needed to provide protections for safety of a vulnerable population.

Emergency response plans may also incorporate pet safety rules and protections. Landlords may require that pets have identification tags with owner contact information. Landlords may allow tenants to place a decal on their unit door or window to alert emergency personnel that a pet is in residence.

Once the plan has been prepared, a landlord may gain extra liability protection by conducting a practice drill to rehearse procedures detailed in the plan. The drill allows the landlord and tenants to familiarize themselves with the safety measures in the plan and to be able to take appropriate action quickly during the real emergency. There may also be compliance requirements by state or local safety codes for practice drills.

Seeing a plan in action allows the landlord to add additional detail, modify or clarify procedure details to improve the effectiveness of the plan, and accordingly strengthen the safety measures for tenants and protections for the property.

A critical first priority in developing an emergency preparedness plan is creating a communications procedure for notification alerts between landlord and tenants regarding emergency situations and instructions to follow the emergency plan to shelter-in place or evacuate to the nearest sheltering location. Whether communication is by tenant portal, telephone, text, email, social media, or community news, it is important that tenants know what to do when an emergency arises, how and whom to contact for information, how to handle an evacuation or sheltering in place, and what to expect when the emergency is over and the property cleared for return.

Tenants should be provided contact information for the landlord’s business hours and after-hours emergency help, the telephone numbers for emergency services for fire, police, hospitals, ambulance, poison control, utility services, and local disaster relief agencies and shelters.

Landlords should have a readily available current rent roster with tenant name, unit number, address, tenant contact information, and tenant emergency contact person name and telephone number. As required by the circumstances, a landlord may need to confirm to first responders that all tenants are accounted for, either on premise or off premise.

A best business practice is to discuss the safety measures of the emergency response plan with the tenant during orientation. A copy of the plan could be included in the new resident information packet. The landlord can cover what constitutes an emergency. Natural disasters require little explanation but property emergencies can include a broad category of structural, mechanical, or other systems that may or may not require urgent attention. The emergency plan should provide examples of such property emergencies with instructions for the tenant as to who to call first and when to call the landlord. When eminent danger is present, there should be no hesitation to call the 911 emergency number and then calling the landlord.

As a proactive preventative measure during move-in orientation and inspection, the landlord should provide the tenant with instructions and location of water and gas shut off valves, circuit breakers, fire extinguishers, smoke alarms, hot water heaters, or other safety or utility equipment.

Fire safety plans should always be a priority and clearly communicated to tenants. A building specific fire emergency guide with evacuation plans and locations of fire protection equipment should be developed and incorporated into a master emergency response plan. Tenants should be provided with locations and instructions as needed for manual pull fire alarms, fire extinguishers, and smoke and carbon monoxide detectors.

Instructions should be provided to tenants on the location of an outside assembly area once they have evacuated their buildings. This will allow responders to determine if all occupants have been accounted for. If a tenant has assistance needs, may be unable to evacuate the building using the stairwells, or a power failure has rendered certain equipment inoperable, the response plan should explore alternative means of evacuation for safety and protection of the tenants. The landlord should communicate and coordinate tenant assistance needs to first responders.

Utility shutoffs for water, gas, and electric services to buildings, individual rental units, and common areas should be clearly marked and locations and instructions provided to all management personnel and tenants and made available to first responders. Tenants should be instructed on the types of situations that might require their assistance with shutoffs.

In preparation for a potential power failure, instructions should be provided to building personnel, tenants, and posted in conspicuous locations regarding the manual operation of equipment needed for safety operations or as part of an evacuation route.

A map of the escape and evacuation routes and the location of areas designated as emergency shelters should be provided to tenants.

While an emergency may be viewed as a one-time event, adequate planning for protection is an ongoing function. The landlord’s emergency plan is an important risk management tool to respond and recover from a harmful event. The landlord should periodically review his emergency preparedness plan to update procedures as needed. It is recommended that after an emergency event has been cleared, that the information gained from the event be reviewed and incorporated into the preparedness plan as applicable.

In some states the installation, maintenance and testing of smoke alarms has become the landlord’s legal responsibility per habitability standards and duty of care. Some cities and states require the use of the newer technology lithium powered smoke alarms which have non-removable power cells that last for ten years. A sealed lithium powered alarm prohibits tampering with the unit, eliminates low battery signals, and the problem of missing or dead batteries.

Landlords must ensure their rental properties are fully equipped with compliant fire safety devices. Regular property safety inspections should be conducted to ensure smoke alarms are operable. Lease agreements should clearly communicable tenant responsibility to promptly report in writing any smoke alarm that has malfunctioned or become inoperable. Even if the lease agreement requires tenants check and maintain batteries for smoke detectors and CO detectors, for protection against liability, lease provisions should include a clause that Tenant will grant Landlord access for the purpose of inspecting, maintaining, repairing, or installing legally-required detectors.

Smoke alarms should be interconnected so that when one sounds, they all sound. Large living spaces may need several smoke alarms.

Ionization smoke alarms are quicker to warn about fast flaming fires which consume materials rapidly and spread quickly. Sources of these fires may be paper fires or kitchen fires. Ionization smoke alarms are also more likely to set off nuisance alarms than do photoelectric alarms.

Photoelectric alarms are quicker to warn about smoldering fires which tend to generate large smoke particles before bursting into flame. Sources of smoldering fires include cigarettes burning in couches or bedding.

The two types of smoke alarms have different sensor technology that produces the warning sound. It may be a good idea to use both types of alarms in rental units for more protection.

In a home fire a resident may have less than two minutes to realize a fire danger and act accordingly to escape to safety. Being prepared with a fire emergency plan before a fire occurs can help save lives and protect property.

There is a greater likelihood of a home fire occurring in multi-family rental properties.  Landlords can take additional steps to prevent fire risks and safeguard tenants and property. The landlord’s lease agreement, rental rules and regulations, and tenant orientation help educate tenants on fire safety, fire evacuation procedures, and emergency procedures and contact numbers.

Regular property inspections should always be conducted by the landlord for health, fire, and safety compliances. In some jurisdictions, there are requirements by local codes for annual fire safety inspections of rental properties.

Install smoke alarms on every level of a home including the basement, inside the bedrooms and outside sleeping areas. Interconnect smoke alarms throughout the home so that when one alarm sounds, all alarms sound. Landlords should consider installing both ionization and photoelectric alarms or dual sensor alarms for best protection.

At a minimum, there should be a fire extinguisher in the rental unit for use in the event of a kitchen fire. If the home has multiple levels, a landlord should provide a fire extinguisher on each level of the home. An extinguisher can help control small fires and could prevent fire damage to the whole structure. In some jurisdictions, there may be a requirement by local ordinance that landlords install and routinely inspect fire extinguishers in the rental unit. Tenants should be shown the location of extinguishers and instructed in their use during the tenant move-in property inspection.

In a multi-family property, a landlord should prepare an escape and emergency plan detailing clearly marked emergency exits and locations of fire safety equipment including fire alarms and sprinkler systems. A landlord should review the plan with new tenants and post copies of the escape route and emergency procedures and contact numbers in each unit and common areas. As part of safety procedures, a landlord should inspect windows that can serve as exits, making sure windows can be opened, screens readily removable, and tenants know how to unlock window security/safety bars.