Is landlord legally obligated to monitor property for illegal activity?

Landlords in most states have some degree of legal responsibility to protect their tenants from illegal activities, such as drug dealing, on the premises and to create a safe living environment for their tenants.  These legal duties stem from building codes, ordinances, statutes, and court decisions. If you are negligent and fail to protect your tenants from illegal activities—for example, you  do not respond to other tenants’ complaints about illegal drug dealing or criminal activity on your rental property—the consequences may be serious:

• You may be held liable for injuries or losses that result from the illegal activity.  A tenant (or someone in the neighborhood) who  is injured or annoyed may sue you on the grounds that the rental  property is a public nuisance that seriously threatens public safety or morals.
• Law enforcement authorities may seek criminal penalties against landlords who knowingly allow illegal activity to take place on the rental property. 
• In extreme cases, the government may confiscate the rental property. 

Most lease and rental agreements include language that specifically prohibits tenants (and their guests) from violating the law, damaging the rental property, or disturbing other tenants   (or nearby residents). It is the landlord’s responsibility to see that every tenant follows these provisions in their lease or rental agreement. In addition, leases and rental agreements typically refer to the tenant’s right to “quiet enjoyment” of the premises; this amounts to an implied promise that you will not act (or fail to act) in a way that seriously interferes with the tenant’s ability to use the rental premises. Allowing criminal activity to take place on your property violates this tenant right to quiet enjoyment.

To avoid problems, contact your local police departments and your insurance agent for advice on limiting illegal activities on your rental property. Handle tenant complaints about dangerous situations or suspicious activities immediately. Failing to do this may saddle you with a higher level of legal liability should a tenant be injured by a criminal act after a relevant complaint is made.