Surprising Landlord Liabilities Every Property Owner Should Know

Managing a rental property requires more than collecting rent and handling maintenance—it also means understanding the potential legal liabilities that could arise. While most landlords are aware they could be held responsible for common issues like unsafe stairs or icy walkways, there are several lesser-known liability risks that can catch even experienced property owners off guard. Being proactive and informed can make all the difference in protecting your investment and minimizing legal exposure.

This article explores five surprising landlord liabilities and offers strategies for mitigating risk, ensuring compliance, and maintaining tenant safety.

1. Tenant Dog Bites and Animal-Related Incidents

Landlords are often surprised to learn they can be held liable for injuries caused by a tenant’s dog—particularly if they knew the dog had a history of aggression or had previously bitten someone. Even if you didn’t directly approve the pet, your awareness and failure to act can create legal exposure.

Risk Mitigation Tips:

• Prohibit pets in the lease agreement unless explicitly approved in writing.
  
  
• If pets are allowed, specify that only pre-approved animals are permitted, and require tenants to submit pet applications.
  
  
• Include language requiring pets to be leashed at all times in common areas.
  
  
• Maintain the right to revoke pet privileges if the animal becomes a nuisance or threat.
  
  
• Require renters insurance that includes liability coverage for pet-related incidents.
  
  

2. Criminal Activity on the Premises

Landlords may be held accountable if they fail to take reasonable precautions to prevent foreseeable crimes on their property. Courts have held landlords liable for not addressing known security issues—such as broken locks or inadequate lighting—that led to harm. In some cases, landlords have also faced consequences for allowing tenants to engage in criminal behavior, including drug activity.

Risk Mitigation Tips:

• Ensure all entryways have functional locks and deadbolts.
  
  
• Maintain exterior lighting, especially near entrances and walkways.
  
  
• Respond promptly to tenant complaints or reports of suspicious activity.
  
  
• Consider installing surveillance cameras or hiring security personnel in high-risk areas.
  
  
• Thoroughly screen tenants, including criminal background checks where permitted.
  
  
• Include clauses in the lease that prohibit illegal activity and outline grounds for eviction.
  
  

3. Liability for Window Falls and Faulty Screens

Every year, thousands of children are injured falling from windows—many of which have screens that are not designed to prevent falls. Landlords may be held liable, especially if the window was unusually low, the screen was damaged, or safety concerns had been raised but not addressed.

Risk Mitigation Tips:

• Inspect all windows and screens before a tenant moves in.
  
  
• Ensure that screens are securely installed and in good condition.
  
  
• Clearly communicate that screens are not safety devices and do not prevent falls.
  
  
• Educate tenants—particularly those with children—on window safety.
  
  
• Promptly repair or replace damaged screens when reported.
  
  

4. Exposure to Secondhand Smoke

Secondhand smoke can lead to health complaints, habitability claims, and even lawsuits—particularly if a tenant has a disability such as asthma or another respiratory condition. Courts have recognized secondhand smoke as a nuisance and a potential breach of the implied warranty of habitability, which requires landlords to maintain safe living conditions.

Risk Mitigation Tips:

• Consider adopting a smoke-free policy for the entire building or complex.
  
  
• If smoking is permitted, designate outdoor smoking areas away from windows, doors, and ventilation systems.
  
  
• Include clear language in the lease regarding smoking rules and tenant responsibilities.
  
  
• Inspect for signs of smoke damage during turnover and address issues promptly.
  
  
• Document all tenant communications related to smoke complaints or accommodations.
  
  

5. Bedbug Infestations and Pest Liability

Bedbug outbreaks are on the rise, and landlords may be legally responsible for extermination and related costs—especially if they delay action after being notified. In some jurisdictions, landlords are automatically liable for pest control under housing and habitability laws.

Risk Mitigation Tips:

• Have units inspected and certified bedbug-free by a licensed pest control provider between tenancies.
  
  
• Include bedbug disclosure forms and cooperation agreements in lease documents.
  
  
• Require tenants to report suspected infestations immediately and follow treatment protocols.
  
  
• Use mattress and box spring encasements as preventive measures.
  
  
• Respond quickly to any report of bedbugs and document all actions taken.
  
  

Protecting Your Investment Through Prevention

While these landlord liabilities may seem uncommon, they are very real and can have significant financial and legal consequences. Being proactive—by updating lease agreements, conducting thorough tenant screenings, scheduling routine inspections, and responding quickly to maintenance and safety concerns—can help prevent costly disputes and ensure compliance with state and local laws.

Keep in mind that landlord-tenant laws vary by jurisdiction, so it’s always wise to consult with a real estate attorney before making major policy changes or revising lease documents. An experienced property management company can also be a valuable resource for navigating these risks while ensuring your property remains compliant and profitable.

Conclusion: Partnering with the Right Management Company

Understanding and addressing hidden landlord liabilities is key to successful property ownership. A qualified property management partner can help you stay compliant, protect tenants, and avoid costly mistakes. Gordon James Realty specializes in comprehensive property management services that reduce legal risk and enhance property performance. Learn more about our residential property management services or contact us today to discuss how we can support your investment goals.

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