Security is a problematic
issue for residential Landlords. On one hand, the Landlord has some
responsibility to tenants and visitors for safety and security. The
Landlord must not create any dangerous situations or be negligent in
maintaining parts of the property that create any dangerous situations
or be negligent in maintaining parts of the property that help to
promote safety; he or she should provide features necessary for
reasonable security, e.g.-door and window locks, adequate hallway and
outdoor lighting. But on the other hand, the Landlord should not
do any thing that could be interpreted as a warranty of security-this
could give rise to liability for crimes and accidents that occur on the
premises. Therefore, it is prudent to state in the lease that the
Landlord makes no representation that the building is secure and that
there is no warranty of security.
Source: Essential Facts-Real Estate Management
By Joseph De Carlo
To avoid liability, the Landlord should never describe the property as
a “security building” in the lease or advertising. This could be
interpreted as a warranty. For example, even if your building has
security gates, do not advertise security, rather, describe the
property as a “gated community”.
TIP FROM CROSSETT REAL ESTATE
Contact your Insurance Agent to discuss safety and security issues.