Criminal Acts and Activities: Landlord Liability FAQ

Landlords have some degree of legal responsibility to protect their tenants from assailants, thieves, and fellow tenants.

Updated by Ann O’Connell , Attorney UC Berkeley School of Law Updated 5/22/2023

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Landlords aren't expected to make their rentals into fortresses. But they are required to take reasonable precautions to protect tenants from criminal activity, warn tenants of known risks, and, when possible, take measures to protect their neighborhood from illegal activities committed by tenants.

Can a landlord be held liable for crimes committed at their rental property?

There's no hard-and-fast rule that landlords are automatically responsible for any crime that happens at their property. However, in most states, landlords are responsible for taking reasonable measures to protect their tenants from both:

These legal duties stem from building codes, ordinances, statutes, and, most frequently, court decisions.

When a criminal act occurs that could've been prevented by reasonable measures—such as fixing broken locks or installing lighting in dark corners of a parking lot—a landlord could be found civilly liable to an injured tenant or guest on the property. Unless the landlord somehow actually participates in the crime or allows the crime to continue, though, it's unlikely that the landlord would be found criminally liable.

This means that the injured party could sue the landlord if they can demonstrate that the landlord had (or should've had) knowledge of the risk, and failed to take steps to lessen or eliminate the risk. Landlords are especially likely to be held liable when a crime occurs on (or near) a property where a similar assault or other crime has occurred in the past.

A landlord is also more likely to be found liable for crimes committed at the rental when the landlord has promised—but failed to deliver on—a secure property. For example, if a landlord advertises that the property has a security system or 24-hour guard, but in truth doesn't have (or maintain throughout the tenancy) these features, an injured tenant will have a strong case against the landlord if the tenant can demonstrate that the promised feature might have prevented the crime from occurring.

How can a landlord limit responsibility for crime committed by strangers at the rental property?

The following steps will not only limit the likelihood of crime, but also reduce the risk that the landlord will be found responsible if and when a criminal assault or robbery does occur.

To limit the likelihood of being held responsible for crimes committed on the premises, a landlord should:

If adding security measures requires a rent increase, discuss the situation with your tenants. Many tenants will pay more for a safer place to live.

While some of these measures may be costly, the amount a landlord spends on effective crime-prevention measures likely pales in comparison to the costs that could result from crime occurring on the premises. Settlements paid by landlords' insurance companies for horrific crimes such as rape and assault are typically in the hundreds of thousands of dollars—and jury awards are higher.

Rental property owners should be particularly careful when hiring a property manager—the person who interacts with all tenants and has access to master keys. Landlords should scrupulously check a property manager's background to the fullest extent allowed by law, and closely supervise his or her job performance. A tenant who gets hurt or has property stolen or damaged by a manager could sue the property owner for failing to screen or supervise the manager properly. If tenants complain about illegal acts by a manager, landlords should pay attention. Finally, property owners should make sure their insurance covers illegal acts of their employees.

What kinds of legal problems can landlords face when tenants deal illegal drugs at the rental?

Drug-dealing tenants can cause landlords all kinds of practical and legal problems. Depending on state and local laws, landlords might experience any of the following when tenants deal illegal drugs at the rental:

How can a landlord avoid liability for tenants' drug dealing and other illegal activities?

The good news for landlords is that there are plenty of practical steps they can take to minimize tenant criminal activity. Most of these steps will also help landlords limit their liability in the event that someone harmed by a tenant's criminal act decides to sue.