Landlord question & security

V

VinnyT

New member
This is a spinoff of the Home invasion thread.


My fiance and I own a large home where the top floors have been made into 2 apartments. I have one rented and one ready to go this week. Each apartment has a deadbolt, also outside lighting as well as a light on all night in the foyer.

If someone breaks in and charges upstairs to one of the apartments, what responsibilites do I have in regards to the tenants? Obviously a 911 call would be placed, but what about a tenant being threatened or assaulted? One tenant is a single female, 98lbs at most. She has a lab dog, but he is quite submissive. Do I supply a line of defense or just wait for the LEO's to arrive?
 
I don't think you have any legal duty to use force in defense of anybody, anywhere in the US.

You may have some civil liability if the locks, doors, or windows are defective.

If you decide to defend her, in your theoretical scenario, realize that she had better be an innocent party. If you heard noises, rushed to her defense, and found out after the fact that she'd gotten drunk and attacked a house guest, you'd incur all of her legal liabilities.

In other words, it's a judgement call, and part of that judgement should come from your knowledge of the tenant.

But if you really want to protect her, make sure the apartment has good preventive security measures in place.
 
Most jurisdictions allow the use of reasonable force up to and including deadly force to protect yourself or the life of another. No sane person ever wants to have to use deadly force, but from a legal- civil point of view I believe you would be better off defending the life of another.
 
old bear, this may sound confusing, but I disagree with you - but at the same time I'd personally lean toward defending the other person.

Legally and civilly, unless the landlord is also LE, he has no legal duty to intervene. Any intervention brings with it risks that non-intervention would not have brought. The LEO not only has a duty to intervene, but also has the legal authority to do so, and is indemnified against litigation so long as he doesn't do anything blatantly reckless or unlawful.

The landlord enjoys no such authority nor privilege.

That said, I would not live with myself too well if I let harm come to a 98lb woman due to my inaction. Morally, I'd feel the need to help. Legally and civilly, I'd be opening a potential can of worms.

Again, the best thing to do is to make the place as safe against forced or unlawful entry as possible, so that intervention never becomes necessary.
 
Thanks guys.

The deadbolts are brand new and the doors are solid wood and heavy. I cannot add deadbolts to the front main door of the rear exit because of fire safety. These need to be accessible to all parties in an event of a fire or emergency. The lighting outside is on all night illuminating the front porch/main door and the rear exit stairwell. I am not sure about adding a security system to the main door because of having these tenants. Although I would like it, it may seem like an inconvenience to them. Plus after a year if they decide to leave I would need to redo the codes every time.
 
The LEO not only has a duty to intervene...
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If you mean legal duty, that is incorrect. The SCOTUS ruled that LEOs have no legal requirement to intervene or prevent a crime from being committed. They are only legally required to investigate it and apprehend the suspects once they have a warrant.

I think they do have a moral duty though.
 
chack, I believe your referring to a case about whether LE is responsible for security of individuals, as opposed to whether LE is required to respond to crimes they witness. Not quite the same.

Additionally, the LEO's department might look unfavorably upon their failure to act.
 
I would suggest to make the apartment as safe and secure as possible. Coming to their aid if the situation arises is up to you; of course I would always suggest to help them if the need arises.
 
Vinny do you really think you're responsible for a tenant because she's only 98lbs and has a dog that doesn't impress you as being adequate or motivated to take on an intruder?
 
Crime Prevention; Asset Protection, security systems...

I'm not going into long speeches or details but as for the property security or asset protection issues, I would advise these steps;
Look into a security system with a 24/07/365 monitored alarm response. A alarm response service can address any emergencies or issues quickly & dispatch armed security/sworn LE officers/fire-rescue/etc quickly.
Some systems can be wired directly to your smart phone or PC/tablet too.
I'd also hire or contract a qualified, trained crime prevention expert to conduct a survey or inspection of the entire property to review your needs. Proper lights or motion sensors will assist the tenants at night. Lights should be bright enough to read a newspaper or magazine even in the early AM hours(1200am-500am).
CCTV or camera systems are very useful. They can also be purchased with smart-phone or PC formats so you could view the stairs, lots, dumpsters, etc.
Finally, I'd contact your local LE agency & fire/rescue dept to learn some basic information like zone/district #s or locations, non emergency phone numbers, contact information for animal control, towing services(parking), power-water issues, etc.
If security or crime are major problems, you may want to set up a security patrol service contract too. Armed, uniformed guards in marked security vehicles can stop by at set times or on a irregular pattern(prefered to avoid any clever bad guys). The security officers may deter or prevent a violent crime on your property.
I'd close by documenting any formal security steps you take or items that you purchase to show due dillengence on your end re; physical security & to advise the residents to insure their personal property and maintain reciepts/records in case of a crime or incident.
ClydeFrog
www.USA.gov www.ready.gov www.asisonline.org
 
Vinny do you really think you're responsible for a tenant because she's only 98lbs and has a dog that doesn't impress you as being adequate or motivated to take on an intruder?
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I do not feel I am responsible per se, but I also will not let my tenant be attacked/hurt/raped/killed.
 
Depends on what state you are located in. In many states, there is a body of common law that deals with a Landlord's responsibility to protect tenants from criminal activity. Generally, there is some duty to protect tenants from harm resulting from activity if you are in an area that has a history of criminal activity. At a minimum, a security system and video monitoring systems might cover you. You might want to look at your homeowner's policy and see if it excludes harm to "tenants" - you may need to upgrade your policy. On the extreme end, apartment complexes have had to hire security guards to protect tenants from criminal activity.

I'm not a big fan of renting rooms in your home to strangers, but hey - folks have to do what they must to make ends meet these days. I'd say that good lock systems, a decent alarm system and security cameras should do the job. I don't think you have any obligation to give your tenants "armed guard" services - that's overkill for a 2-tenant in-home situation.
 
I am not sure about your specific situation, but make the residence as safe as possible and contact your local police department and possibly an attorney on the specifics of how the castle doctrine would apply to you and people renting from you in the same building. At the very least call 911 if something were to happen.
 
It's very noble that you feel responsible for your tenants' security, but aside from providing "reasonable accommodations" you shouldn't be legally liable to do anything.

I've had my share of landlords, and I felt fortunate if I was allowed to even change the locks. It really should not matter if you live downstairs or 9 states away.
 
I am a landlord, I work at a law office, I am a gun owner.

I do not ask my attorney about guns, I don't ask the gunshop owner about laws.

Nothing that has been said here is of any real use. You need to speak with a real estate attorney.

A consult is about $100 and well worth it. Have him or her review your lease and add language to address your concerns.

Understand, in America you can sue anyone for anything. Thats not the issue. You could get sued for doing nothing, you could get sued for bustng in the door guns blazing. It is about winning the law suit.

FWIW-Such suits are very rare. We had a case where a tenant sued a landlord because a neighbor's (an independant home owner) dog bit the guy. As the landlord had no control over the neighbor, case never made it to court.
 
Get really good insurance - if it happens, a lawyer will sue you for something or another if he thinks he can make a buck for him and his clients. As mentioned, have your lawyer review your lease language. Having written contracts for a living for quite a while, one omitted word or phrase can bite you, good intentions notwithstanding..............
 
The SCOTUS ruled that LEOs have no legal requirement to intervene or prevent a crime from being committed. They are only legally required to investigate it and apprehend the suspects once they have a warrant.
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i think there is a misunderstanding somewhere.
 
Hey Joe...

I think Joe The Redneck's remarks are a bit harsh. :(

I too would say speaking to a lawyer or insurance agent about security issues is a good idea BUT so are some of the other member suggestions.

ClydeFrog
 
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