{"id":369272,"date":"2016-04-04T10:47:19","date_gmt":"2016-04-04T15:47:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/tenant-safety-and-landlord-liability.html"},"modified":"2023-11-13T11:45:29","modified_gmt":"2023-11-13T16:45:29","slug":"tenant-safety-and-landlord-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/tenant-safety-and-landlord-liability.html","title":{"rendered":"Tenant Safety and Landlord Liability"},"content":{"rendered":"\n
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Tenant Safety and Landlord Liability<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Property owners and their delegates, including property managers and landlords, have a duty<\/a> to prevent injury on their property. A tenant’s rights include the right to a safe home. If a landlord fails to maintain a safe rental property, they risk consequences, including fines and personal injury lawsuits.<\/p>\r\n

Safety is an essential factor for renters. No one wants to live in a home covered in lead-based paint or insulation containing asbestos. Safety also includes an environment free of criminal activity.<\/p>\r\n

This article explores a landlord’s legal responsibility to keep their tenants safe during the term of their tenancy.<\/p>\r\n

Warranty of Habitability<\/h2>\r\n

Every lease or rental agreement includes an implied warranty of habitability<\/a>. The law reads this warranty into every rental or lease agreement. Under the warranty of habitability, the rental premises are suitable for human occupancy. At a minimum, this means the landlord has followed local building or housing codes and ordinances.<\/p>\r\n

Building codes often address the structural integrity of the rental unit and the tenant’s health and safety. For example, a rodent infestation negatively impacts the renter’s health, so landlords must fix this issue. Landlords are also responsible for maintaining common areas, such as staircases, laundry rooms, and the building’s entryway.<\/p>\r\n

Criminal Activity<\/h2>\r\n

A landlord’s responsibility includes ensuring the property is free from criminal activity. While it is not the landlord’s responsibility to prevent all crimes, they can limit their tenants’ exposure to criminal activity. Under many local laws, rental properties should have a deadbolt lock on the door handle. This helps the renter to secure their living space.<\/p>\r\n

Landlords may also take other security measures, such as installing a security system and exterior lights. They can trim tall plants to discourage criminal activity and increase visibility.<\/p>\r\n

Proactive Measures for Landlords<\/h3>\r\n

Landlords must keep their buildings free of illegal activity, such as drug dealing. Most leases have a provision banning illegal activity within the rental units. If the landlord discovers unlawful activity, they can start eviction proceedings based on a lease violation. Landlords can mitigate their risk by getting a background check, including criminal history, on all prospective tenants.<\/p>\r\n

A landlord’s liability will rise if they fail to respond to a tenant’s report of suspicious activity. If a tenant sustains an injury because of this failure, the landlord may face lawsuits or constructive eviction.<\/p>\r\n

Dangerous Conditions<\/h2>\r\n

The rental property may often threaten the tenant’s safety and well-being. Older buildings must conform to building codes and current safety codes. Ensuring the building is up to code is part of the landlord’s responsibilities. These responsibilities include ensuring the rental property does not contain lead or dangerous materials.<\/p>\r\n

Often, cities and states require landlords to do the following:<\/p>\r\n