Resident Altercations: Protecting Your Property & Liability

Guest blog by Melinda McBeth, Attorney at Offit & Kurman

_{Melinda McBeth is a litigator at Offit Kurman who has spent eight years representing landlords and property management companies in matters that relate to residential and commercial real property, including lease construction, fair housing disputes, administrative agency complaints, breach of contract defense and civil litigation. She’s a certified legal professional for security awareness, and a frequent contributor to the Landlord Legal Lowdown.}

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When Tenant Confrontations Become Your Problem: A Legal Guide for Landlords

Resident altercations, ranging from verbal disputes to physical confrontations, are an unfortunate reality in multi-family rental properties and a costly one, too. According to a 2024 study by the Alliance for Safety and Justice, renters are three times more likely to suffer physical violence than owner-occupied households. In short they’re frequent,  and when they happen, hospital bills are high, and recoveries slow. Meanwhile the resident causing harm rarely has the cash to compensate their victim. So victims turn to premises liability lawsuits to recoup costs—especially if the property is alleged to have failed to provide adequate security. These lawsuits can result in seven-figure settlements or jury verdicts - and more. 

So while landlords are not typically expected to act as referees for tenant disagreements, there are legal circumstances where they may bear liability and it’s vital they know where to draw the line in a wide variety of circumstances. Understanding when a landlord may be held responsible for altercations between residents is critical for minimizing legal risk and maintaining a safe housing environment.

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When Is a Landlord Potentially Liable?

Landlords can be held liable for tenant-on-tenant violence or harassment under certain conditions, especially when the altercation was foreseeable and preventable. Courts generally evaluate liability based on negligence, meaning the landlord failed to take reasonable steps to prevent harm after learning of a dangerous situation.

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1. Foreseeability

Foreseeability is the cornerstone of liability. If a landlord had prior knowledge of a resident's violent behavior (i.e. as complaints, police reports, or documentation of past incidents) and failed to take appropriate action, they may be considered negligent.

Example: A tenant repeatedly reports threats from a neighbor. The landlord ignores the complaints, and the neighbor later assaults the tenant. In this case, the landlord might be liable for failing to act on known risks.

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2. Failure to Enforce Lease Terms

Many residential leases include clauses prohibiting illegal activity, harassment, or disruptive behavior. If a landlord is aware of a tenant violating these terms and does not enforce them, they could face liability. A key factor in determining when or if a landlord should involve themselves in interpersonal disputes between residents is whether substantiated lease violations are occurring. 

Example: A landlord who fails to evict (or attempt to evict) or warn a tenant engaged in harassment or assaultive behavior - despite repeated violations - may be found to have breached their duty to maintain a safe environment.

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3. Negligent Security

If a landlord fails to maintain basic security measures (e.g., functioning locks, adequate lighting, surveillance), they may be liable for altercations that could have been prevented with reasonable precautions.

Example: A poorly lit common area becomes the site of a violent confrontation between tenants. If prior complaints about lighting were ignored, a court may find the landlord partially responsible for creating unsafe conditions.

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4. Discriminatory Inaction

Under the federal Fair Housing Act, landlords may be liable for failing to address tenant-on-tenant harassment based on race, sex, religion, or other protected characteristics, especially if the landlord's inaction amounts to discrimination.

Example: A landlord who disregards racial harassment between tenants while responding promptly to other types of complaints could be found liable under federal, state, or local civil rights laws.

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When Landlords Are Not Liable

Landlords are generally not liable for spontaneous or unforeseeable altercations between residents, particularly when there is no history of violence or prior complaints. Courts typically do not expect landlords to anticipate every tenant conflict or act as law enforcement.

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Best Practices for Landlords

To minimize the risk of liability, landlords should:

• Respond promptly to tenant complaints and document all actions taken.
• Enforce lease provisions related to conduct and safety consistently.
• Maintain security features like locks, lighting, and security cameras. If you can have your cameras monitored, that’s a great way to both deter and refute many negligence claims.
• Keep detailed records of incidents, warnings, and any steps taken to resolve tenant disputes. Always download and save surveillance footage.
• Consult legal counsel when dealing with repeated or serious tenant conflicts.

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Conclusion

While landlords are not responsible for policing every disagreement, they do have a legal obligation to take reasonable steps when resident altercations become foreseeable and preventable and when there are clear lease violations occurring. One in every four multifamily properties will face a liability lawsuit. A proactive approach, combined with consistent enforcement of lease terms and property rules, can not only reduce legal exposure but also foster a safer and more harmonious community for your residents, staff and visitors. 

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‍Join our resident altercations webinar. It’s free!

Resident Altercations & Landlord Liability: What Every Multi-Family Owner Needs to Know

Featuring Attorney Melinda McBeth of Offit/Kurman. Hosted by Jen Free, Director of Sales at Cloudastructure

THURSDAY, July 31st, 2024, 12pm ET / 9am PT

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