Theft or Violent Crimes
When tenants steal from you or from other tenants or assault or abuse anyone on your property, your best defense is eviction. Do it as quickly as possible, before this behavior becomes a recurring problem.
If your tenant is assaulted or abused by a guest or anyone on your property, your best defense is to show the court that you did everything possible to provide a safe and secure home for your tenant.
Tenants' safety should always be your primary concern, but even when it is, you can't guarantee a crime-free environment. If someone is determined to break in, it will happen. If an assault occurs, sometimes no security measures could have prevented it.
Look at your property critically. Can you find any areas where tenants might be vulnerable to crime? If so, what can you do about it that will help reduce the risk? Not only can you help keep them safer, if you've done everything you reasonably can to provide a secure home, a court is not likely to find you liable if a crime does occur.
In determining a landlord's liability, courts want to know:
Whether you control the area where the crime occurred
How likely it was that a crime would occur
How likely it was that any crime occurring would be serious
How difficult or expensive it would be to reduce the risk of a crime occurring
Whether you failed to take reasonable steps to keep your tenant safe
Lower Your Risk
No matter how secure you think your property is, be careful about what you say in ads or verbally promise tenants. Don't put anything in the lease that says your property is “safe.”
Get safety inspections. They may be offered by utility companies, insurers, or even the fire department during a community safety campaign. Some neighborhood associations have a person trained in security who will come to your home and assess your property. Get all the help that you can. If a tenant complains about security, whatever the time of day or night you get the call, get onto it right away.
Carry sufficient liability insurance. Find out what the other landlords in your area recommend. Ask your property owners association for advice, as well as your insurance agent and lawyer, if you have one.
If you allow pets, have a policy in place about what kind of dogs you allow. Many insurers will not cover certain breeds such as Rottweilers, German shepherds, and pit bulls. Make sure your tenant has only the number of pets permitted in your lease or rental agreement.
Change all locks after a tenant moves out. Lock up duplicate keys and limit access to master keys. If your building has outer doors before the tenant gets to the apartment, give him a key to those doors and encourage that they be locked at all times. Always trim low-hanging shrubs and trees that are close to the house. Don't give anyone an opportunity to hide behind them. Educate your tenant about crime and safety measures that can be taken. Encourage tenants to report suspicious activities on or near your property. And tell your tenant about any criminal activities that happen in your neighborhood.
You can install burglar alarms that send emergency signals to a security service. If you do get one, the company also may have advice about ways you can make your property safer. Don't forget to let your insurance company know you've safeguarded your house by getting an alarm; it might reduce your premium a little.
If your tenant uses the garage and an electric door opener, tell him to keep an eye on the rearview mirror until the door is all the way down. The openers work slowly so that no one gets injured when the door descends; your tenant needs to make sure no one enters the garage before the door is closed.
Must You Worry about Personal Disputes?
You aren't your tenant's keeper, so arguments should not be a concern unless they occur often or turn violent. If you are disturbed by an argument, ask your tenant to be quiet and considerate. If the arguments don't stop or if you hear someone being knocked around or battered, you might have to terminate your tenant's lease.
