Title: Landlord Liability and Property Management Liability - TorkLaw
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What is Landlord Liability
About Landlord Liability
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Content: One major consideration is whether this was the first time such a thing had occurred or whether there had been prior similar incidents on the apartment grounds. Where the risk of criminal assaults or other illegal conduct is great, and the cost to the landlord to prevent such attacks is relatively minor, the landlord has a duty to take preventive measures. In one case, there had been three vicious criminal assaults within two years in the common areas of an apartment complex. The plaintiff was subsequently shot during a carjacking. The court held that there was a reasonably foreseeable risk of violent criminal assaults on the property, which impose on the landlords a duty to provide at least minimal security measures. On the other hand, where the risk of illegal activity is minor, and the cost to the landlord is great, the landlord may not be required to implement measures to protect the tenants. A lawsuit for personal injuries can also be based on the fraud or misrepresentation of the landlord or his or her employees, such as the apartment’s manager or the leasing agent. An example is when a landlord or rental agent falsely tells prospective tenants there is no crime in the area, with the intent of deceiving them into renting there. If a tenant, justifiably relying on the truth of the statement, decides to take a walk in the evening in a neighborhood that is actually rife with crime. The tenant is mugged and severely beaten.