Landlords are not insurers of tenant safety. However, they do have legal obligations to maintain a secure environment for residents.
Under most state laws, including those in Texas, landlords can be held responsible for certain types of security failures, especially if those failures contribute to a foreseeable injury, such as assault, robbery, or even wrongful death.
Landlord’s Duty to Provide a Safe Environment
Generally, landlords have a duty of care to maintain their property in a condition that is reasonably safe for tenants, guests, and lawful visitors. This includes both the physical condition of the property and certain security measures, especially in areas where there are known crime risks.
Generally, landlords have a responsibility to:
- Maintain locks on doors and windows
- Fix broken gates or fences
- Provide adequate lighting in hallways, parking lots, and stairwells
- Respond to reports of criminal activity or suspicious behavior
- Hire security personnel, especially in high-crime areas
Failure to take these or similar steps can lead to premises liability for injuries experienced by tenants and guests.
When Is a Landlord Liable for Criminal Acts?
A landlord is not automatically liable for every crime that occurs on the property. Courts generally require a plaintiff to prove that the landlord knew or should have known that a crime could happen and failed to take reasonable steps to prevent it.
A landlord is more likely to face liability for third party criminal acts if:
- There was a history of similar crimes on or near the property
- Tenants previously complained or filed police reports about criminal activity
- The landlord failed to repair or maintain security features like locks, gates, or lights
- The landlord engaged in negligent hiring or failed to properly supervise security staff or maintenance workers
For example, if a landlord is aware of multiple assaults or break-ins in the complex but declines to install lighting or repair broken doors, they may be held liable if a tenant is later injured due to these circumstances.
Tenant Responsibilities
Tenants also have a role in ensuring their safety. They are expected to lock their doors, report maintenance issues, and avoid dangerous behavior. However, a landlord cannot shift the entire burden of safety to the tenant, especially for shared areas (e.g., hallways, stairwells, or parking lots) that the landlord controls.
Contact an Experienced Negligent Security Lawyer for Help
If a tenant is harmed due to a landlord’s failure to maintain adequate safety or security, they may have a premises liability or negligent security claim.
A successful claim may provide money for damages such as:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Property damage
Landlords are not responsible for preventing every crime, but they do have a legal obligation to provide a reasonably secure environment. When they ignore known risks or fail to maintain safety features, they can be held liable for resulting injuries.
If you suffered an injury at your apartment complex due to a negligent landowner, you have rights.
Contact Hampton & King today to schedule a confidential consultation.