Preventing Crime on a Rental Property: 6 Ways Tenants Can Hold Their Landlord Accountable

In almost every state, landlords have some responsibility for preventing crime on their rental property. Generally, a landlord must use reasonable care to protect tenants from foreseeable harm caused by criminal acts.

This article shares six actions tenants can take to protect their rights and help keep their rental unit safe. If you need additional support holding your landlord accountable for preventing crime on their property, an attorney can help. An experienced landlord-tenant lawyer can take legal action to enforce legal protections and spur your landlord to do their part to ensure your home is safe.

1. Check Whether Security Measures Meet Local and State Laws

A landlord must abide by city and state regulations governing rental property. A few states have specific laws regulating the security a landlord must provide tenants. More commonly, local ordinances require security measures such as peepholes and deadbolt locks. Copies of housing regulations are usually available online on government websites.

If a landlord violates a regulation, the tenant may report it to the agency enforcing it. Most states have housing program departments that receive such complaints.

In many states, even if specific security regulations do not apply, courts will sometimes hold landlords liable. Landlords may be held liable for failing to prevent crime that occurs because of a violation of the implied warranty of habitability.

For instance, suppose an assailant enters a building through an unlocked door. If the landlord was aware the lock was broken but failed to fix it for a long time, they may be partially liable for damages. This is because the defect substantially contributed to the assailant’s crime.

2. Be Aware of Your Landlord’s Legal Responsibility

The law wants a landlord to act reasonably under the circumstances. This means that a landlord must take reasonable steps to provide security measures. The measures will be intended to protect tenants from foreseeable criminal activity.

In general, courts may find that preventing crime is the landlord’s responsibility when the landlord controls the area where the crime occurs. Property owners control common areas, such as lobbies, walkways, and elevators. This doesn’t include sidewalks outside of the property.

Various types of crime are foreseeable. Prior criminal activity on the property or in the neighborhood may increase a landlord’s responsibility. It may impose a duty on the landlord to protect tenants from future crime. This is because the property owner will have had earlier notice. They’ll know prior on-site illegal activity has made the premises prone to security issues.

A security measure that could reduce the risk of criminal activity is inexpensive and easy to carry out. It’s reasonable to trim tall bushes and install lighting, window locks, or simple security systems. Expensive fixes, like remodeling, may be unreasonable depending on the circumstances.

The landlord’s failure to take reasonable steps caused or contributed to a crime. The crime was foreseeable, and the landlord could have taken reasonable steps to prevent it.

Preventable crime on your rental property can expose you to legal liability and harm your business. A landlord-tenant attorney can assess potential liability and security risks and recommend steps to protect your property and business. Find local legal help.

3. Hold Your Landlord Accountable for Security Promises

If a landlord makes an oral or written promise in an advertisement, they must keep it. If a lease mentions specific security measures for a building, the tenants have the right to enjoy those promises. A landlord’s failure to provide a promised security feature or maintain existing security measures can be dangerous. It may expose the landlord to liability if the failure to provide or maintain the specific security feature contributed to a crime.

For example, suppose a landlord advertises alarm systems and neighborhood watch services. They promise to provide these services during a tenancy. A tenant might consider renting the unit based on that promise. They will reasonably expect security beyond what the local police department can provide.

If a break-in occurs because the landlord didn’t follow through with their promise, they may be held liable. This is true even if regular law enforcement was near the apartment complex and could have addressed safety concerns.

4. Search for Potential Security Breaches

One effective way to prevent crime is for the tenant to inspect the property. For example, trimming bushes or installing lighting in a dim area of a parking lot can enhance security. A tenant may make suggestions and specific requests of the landlord. As discussed above, a landlord must take reasonable precautions to protect tenants from crime.

For instance, your property management company might have a suggestion box. If you’ve seen vandalism in parking areas, you can let them know so they can address the potential security issue. Perhaps improving the surrounding landscaping might help. It could make violations harder to go undetected.

A court might find that it was reasonable for you to request changes to the parking lot’s environmental design. If the landlord or property manager ignores your request and security breaches occur there again, they may be liable for your damages.

Similarly, a tenant who discovers a security breach, such as a broken lock or a broken window, should inform the landlord. A landlord should fix the security measure reasonably quickly to prevent criminal activity and protect tenants.

But what if your landlord feels you’re pestering them too much with your security concerns? If the landlord retaliates by threatening eviction, know your rights. A landlord can’t punish you if your requests are reasonable and you’ve abided by your lease.

5. Fix the Safety Issue and Charge the Landlord

If local or state code requires a security measure, a landlord must provide it. Sometimes, a tenant may also fix the problem and charge the landlord for the cost. In other situations, they may sue the landlord for reimbursement. In some states, a tenant may deduct the cost of installing a reasonably necessary security feature from the rent.

Some situations may even allow a tenant to break the lease and move out if it’s reasonable under the circumstances. For example, suppose a history of criminal activity is present in the rental. Even if they know, the landlord fails to take reasonable steps to ensure tenant safety.

In these circumstances, a tenant may be able to legally break the lease and move out. Some states allow the tenant to take this action if the landlord fails to fix the problem within a reasonable time.

What if the law does not provide for a specific security measure? A landlord might not be legally compelled to provide alarm bells.

Here, altering the rental unit without the landlord’s consent may violate a condition in the rental agreement (or any clauses). So, the landlord may be able to pursue legal recourse against the tenant. An eviction based on a lease violation will not be considered retaliatory if a landlord can show good cause for their actions.

6. Get Renters Insurance

As a precaution against theft, a tenant may get renters insurance. Suppose a burglar steals a tenant’s personal property. Here, renters’ insurance may provide reimbursement up to the maximum amount of the insurance policy.

Coverage amounts vary depending on the policy you buy. Consult your insurance company about your policy limits and coverage. This helps ensure you have coverage for different types of problems that could occur in your rental unit. Some lease agreements even require tenants to get renters insurance.

Living in an Unsafe Rental? Get Legal Help

Preventing crime in your rental property begins with understanding local laws. A real estate attorney can help you stay on top of all the landlord-tenant laws in your locality. Speak to one now so you can remain proactive about crime prevention.

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.