Landlord FAQ: Your Responsibility for Preventing Crime on Your Property

Landlords have varying degrees of liability for criminal activity on their rental property. Their liability depends on the type of crime and their duty to their tenant. For example, landlords must keep their rental property safe and take reasonable measures to protect their tenants.

This article answers common questions about landlord responsibility and liability for criminal activities on their rental property. You can also talk to a landlord-tenant attorney near you for targeted legal advice. An experienced lawyer can evaluate your liability if a crime occurs on your property and explain your legal obligations under state and local laws.

What Is the Relationship Between Crime and Property Values?

Different types of crimes negatively impact a property’s value. Violent crimes, like homicide and proximity to persons on a sex offender registry, can hurt the valuation of real property. Most homebuyers and renters don’t want to live in those communities. Prospective buyers should do their due diligence before moving forward with a real estate transaction.

The Fair Housing Act (FHA) prohibits real estate industry professionals, like realtors and real estate agents, from commenting on a neighborhood’s safety. Questions about crime rates or demographics are often perceived as discriminatory. Potential property owners should check with their local police department or public safety officers to avoid violating federal law.

Is a Landlord Responsible for Tenant Safety?

State laws and local ordinances govern a property owner’s responsibility for tenant safety. Your local housing codes are also a good source of a landlord’s responsibility for tenant safety. Housing codes often determine the safety measures landlords should follow. These safety measures include external and internal locks.

Landlords should know neighborhood crime rates and past criminal activity near their property. This information will help landlords take steps to protect their tenants.

What Is the Relationship Between Crime Rates and the Real Estate Market?

Criminal activity, or the lack thereof, can drive housing prices in either direction. An increase in local crime can depress sale prices, while a decrease in local crime can stabilize a housing market. Prospective property owners should check the last year’s crime records as part of their due diligence.

How Can I Determine the Crime Rate in a Given Area?

Prospective tenants, buyers, and landlords can research crime trends by reviewing publicly available data from local law enforcement agencies. Many agencies publish neighborhood statistics on their websites and social media channels. Social platforms like Nextdoor can also be helpful.

You can also use crime mapping tools that compile police reports and display incidents by location, giving you a clearer picture of patterns over time. You can also contact your local police or community safety officers directly to ask questions and gain insight. Consider attending community meetings as well.

How Can Landlords Limit Their Responsibility for the Criminal Acts of Non-Tenants?

Yes, landlords can take steps to reduce the chances of crimes on the rental property and limit their liability. Consider the following:

• Ensure each rental unit meets or exceeds the municipality’s safety laws. For example, many localities require all residential rental properties to have a locking doorknob and a deadbolt.
• Be aware of the crime statistics in the area surrounding the rental property.
• Encourage tenants to inform the landlord about potential security or safety problems. Handle these safety concerns promptly.
• Continually update security measures like alarms and cameras.

Can Landlords Face Legal Trouble for Tenants Who Deal Drugs on The Property?

Yes, they can. If a landlord rents to a tenant who engages in criminal activity or sells drugs in their rental unit, they may face liability.

• The landlord may face fines stemming from various federal or local laws.
• An injured party could sue the landlord, claiming that the rental property poses a danger to the community.
• Finally, criminal activity in or around the rental property will decrease its value.

Can Landlords Limit Their Liability for a Tenant’s Criminal Conduct?

Landlords can take several steps to limit potential liability for a tenant’s criminal activity. A landlord should consider the following:

• Screen tenants carefully. Ask critical questions on rental applications to protect yourself.
• Landlords should include an explicit clause in the rental agreement stating the landlord can evict any tenant involved in illegal activity on the rental property.
• Vet your property managers thoroughly, since their negligence can create liability for you.

Tenant evictions require several legal steps, and the rules vary by city and state. If done incorrectly, you open yourself up to liability and financial harm. An attorney can guide you through lawfully terminating a tenant’s lease for criminal activity. Find local legal help.

Crime Occurring on Your Property? Get a Lawyer’s Advice

If you are a landlord dealing with illegal activities at a rental property, a landlord-tenant attorney can help. They are experts in landlord-tenant law and can give you sound legal advice. Speak to an experienced local landlord-tenant law attorney today.

FindLaw’s directory of landlord-tenant lawyers can connect you with qualified legal help near you. Because state and local laws are relevant, your attorney should be licensed in the state where you live. Enter your city or ZIP code for a list of legal professionals in your area. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.