Personal safety is your responsibility; it stands to reason that nobody can look out for your safety better than you. But if someone commits a crime against you in your own apartment complex, and that crime was made possible by lax security, how responsible is your landlord -- if at all? If there was ever a sticky question, this is it.

For instance: Did a similar crime already take place on the premises? Was the landlord advised to take various precautions that he or she chose to ignore? That scenario -- and it's a tough one to prove -- is perhaps the most clear-cut instance in which a causal relationship might be formed.

Landlords can't monitor the activities of their residents around the clock, of course, but they are expected to take some degree of responsibility for ensuring the safety of their tenants.

In addition to maintaining property security, landlords must promote the safety of their tenants from harm by strangers -- and each other.

The extent of a landlord's safety obligations vary greatly because local and state laws, ordinances, and court decisions differ. What's okay in one place may be forbidden elsewhere.

In many cases, there's simply nothing a landlord could have done to prevent a crime from occurring. Alternatively, a landlord who is hit with a lawsuit after a crime will have far less liability by taking these basic steps.

• Adhered to all state and local laws applicable to the security of a rental property, including adequate lighting conditions, deadbolts that meet specific requirements for safety, locks on windows and general upkeep of the property in a manner that promotes safety.

• Addressed resident concerns and/or complaints about suspicious activity including loitering, broken gates, windows, doors or other protective devices on the property. A landlord who has continued to ignore repeated and documented warnings from tenants is likely to have more liability if a crime is committed on premises.

• Advised tenants regarding how to use security devices and systems on the property.

• Explained the proper procedures to follow in the event of a crime or suspicious activity.

• Obtained tenant feedback. What kinds of measures would make tenants feel safer? Honoring resident requests not only reduces the likelihood of crime and thus liability, but such systems can also add value to the property. (If tenants request individual security systems in their units, landlords may need to pass through the additional cost in the form of a higher rent. However, many renters won't contest such rent increases if it means their level of safety will improve as a result.)

• Conducted adequate and ongoing property maintenance. Inspecting the property regularly, replacing burned-out lights, and fixing broken locks and doors are all expected and reasonable.

• Worked with local police. As part of their outreach efforts, local police departments often offer community information sessions to teach tenants how to protect themselves and each other.

In our litigious society, it's become easier to point the finger at the landlord when a crime occurs on the premises of a multi-family property. But such claims can be mitigated or defeated by taking the basic steps outlined above.

For more articles by Courtney Ronan, please press here.

Published: February 14, 2001

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