Does a Landlord have a Duty to Protect Tenants from Criminal Activity?

Landlords face potential legal responsibility for failing to protect their tenants from harm caused by criminal activity.  They are required to take reasonable precautions, safeguard the common areas, and warn tenants of known or foreseeable risks.  This article discusses the parameters of those duties in the context of criminal activities occurring on the premises. 

Can a landlord be held liable for crime?

The short answer is it depends.  Landlords have a duty to take reasonable steps to protect tenants from the foreseeable criminal acts of another under California Civil Code § 1714.  A landlord’s failure to comply with that obligation exposes them to liability for damages arising from the negligent or intentional criminal conduct of a third party.

To be held liable for a tenant’s injuries, the tenant must show that the landlord knew or should have known about the probability of criminal activity and failed to take reasonable steps to protect the tenant from harm. Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666 (1993). For example, when a criminal act occurs that could’ve been prevented by reasonable measures—such as fixing broken locks or installing lighting in dark areas, a landlord is exposed to civil liability for the resulting harm to the tenant.  Another common source of liability arises where a similar assault or other crime has occurred on the premises in the past.  In that scenario, the landlord is much more likely to be held liable for damages arising from the same criminal conduct. 

A landlord also owes a duty of care to its tenants to take reasonable steps to secure the common areas under its control. Ann M., 6 Cal. 4th at 675. Common areas of multi-family dwelling units include the lobby of a building, stairways, elevators, hallways, shared laundry rooms, shared backyard, and on-site parking areas. Security measures could include extra lighting, locked security gates, and video surveillance and cameras.

Landlords Must Take Steps To Protect Tenants From Domestic Violence, Sexual Assault or Stalking

Landlords also have a duty to protect tenants who have obtained a restraining order or copy of a police report stating that they are the victim of domestic violence, sexual assault, or stalking. CAL. CIV. CODE §§ 1941.5 – 1941.6.  The landlord is required to change the locks on the doors to the tenant’s unit within twenty-four hours of receiving written notice of the police report or restraining order. The tenant may elect to change the locks themselves but must notify the landlord that they have done so within twenty-four hours and provide the landlord a key. Id.

No Duty to Protect Against Criminal Activity Occurring Off of the Premises

Landlords are only responsible for the crimes that are on the premises itself and in areas that are under their control. They are not liable for harm caused by criminal activity on public streets or in public places.  Debra S. Rosenbaum v. Security Bank Corporation, 43 Cal. App. 4th 1086 (1996).

Recoverable Damages

Tenants may recover for their bodily injuries, emotional harm, and any property damage arising from a landlord’s breach of duty to take reasonable steps to prevent harm to the tenant.  Punitive damages also are available when the landlord’s conduct is reckless or intentional. 

Loss Prevention Suggestions

The landlord can take steps to reduce the risk of crime and potential liability when criminal activities occur.

For example, a landlord should follow all safety laws and regulations applying to the property.  They should also conduct regular inspections to spot and fix any security problems, such as broken locks or burnt out exterior flood lights.  In addition, landlords should promptly address and rectify potential security problems involving the property.

Please contact Lynx Legal with any questions regarding the above, or if you are ready to start an eviction case.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced staff is standing by to take your order or answer any inquiries you may have about the eviction process.