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.

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.