It’s The Law – Dealing with crime in apartments.

DEALING WITH CRIME IN APARTMENTS

How to deal with residents, occupants or guests involved in crime-related conduct and communicating security-related issues to residents.

ON JULY 2, 2021, ABC13.com posted an article entitled “Violent crime rates continue to spike across Houston, while number of officers on patrol shrinks”1. The article outlined several trends in crime statistics over the past two years. Specifically, the article stated:

• From January to May 2019, 90,916 crimes were reported to the Houston Police Department, according to data from the city; during the same time in 2021, 103,248 crimes were reported.

• Aggravated assaults were up 39% in 2021 compared to 2019.

• One aggravated assault was reported in the city every 28 minutes.

• 87% more weapon violations were reported in 2021 than in 2019.

• Theft of car parts, like catalytic converters, were up 114%.

• The crimes that are up the most compared to 2019 are murder, sexual assault with an object, welfare fraud, gambling equipment violations, theft of motor vehicle accessory and weapons law violations.

Security is an ongoing concern for those that live in a major metropolitan area. Statistics are always subject to interpretation, debate and analysis. However, most of us would not be surprised if crime occurred anywhere in Houston or surrounding areas.

When reading about these crime statistics and coming to the realization that crime could happen at any apartment community, it may be beneficial to discuss two issues:

• How to deal with residents or others at your property that may be involved in criminal or quasi-criminal activity.

• How to communicate with residents regarding security-related issues.

Dealing with residents, occupants or guests involved in crime-related conduct.

If you have conduct at your property that is related to criminal conduct, your primary remedy is to evict the resident who is involved or who has guests or occupants involved, in the conduct. It’s not ok for residents, occupants or guests to yell profanities or threaten the health or safety of people who live or work at the property. The standard TAA lease contains a number of provisions that can be used in many of these cases.

Section 2 Occupants.

Oftentimes, the source of criminal or quasi-criminal conduct are unauthorized occupants. If this section of the lease has been properly filled out when the lease is completed, this paragraph can be used as a source of a default if you discover an unauthorized occupant.

Tip: Be sure to fill this section out completely and correctly when the lease is completed. The standard TAA lease allows you to fill in a blank for the number of days that you would allow someone to live in the unit without permission. This should be a smaller number (perhaps two or three days) to give you a better chance at proving a default.

Section 19.5 Notice of Convictions and Registration.

This paragraph requires the resident to notify the owner within 15 days if the resident or any occupants are convicted of a felony or a misdemeanor involving a controlled substance, violence to another person, or destruction of property, or if the resident or any occupant registers as a sex offender.

Section 20 Prohibited Conduct.

This paragraph has a number of sections that could support an eviction for criminal or quasi-criminal conduct.

• Subparagraph 20(a) prohibits criminal conduct, regardless of whether or where arrest or conviction occurs. The conduct includes drug activity, engaging in or threatening violence, weapon offenses, discharging a firearm or displaying or possessing a weapon in the common area or in a way that may alarm others.

• Subsection 20(b) prohibits behaving in a loud or obnoxious manner.

• Subsection 20(c) prohibits disturbing or threatening conduct.

• Subsection 20(d) prohibits disrupting the owner’s business operations. Tip: The resident is responsible for the conduct of occupants and guests. Even if a guest commits the offensive conduct, the resident is responsible. If a resident, occupant or guest acts aggressively in the management office, these provisions could be used to support an eviction.

Section 32.1 Acts of Default.

This section provides that a resident is in default if, among other things: the resident or any guest or occupant violates the lease, apartment rules, or fire, safety, health or criminal laws, regardless of whether or where arrest or conviction occurs; the resident gives incorrect or false answers in a rental application; or a resident or occupant is arrested, charged, detained, convicted or given deferred adjudication or pretrial diversion for an offense involving actual or potential physical harm to a person, drug-related activity or any sex-related crime.

Tip: This section can be used to support an eviction if the resident or an occupant is detained by the police for an offense involving actual or potential physical harm to a person or drug-related activity. This section can also be used to support an eviction if you discover that the resident has given false information in the rental application, including information relating to the resident’s criminal or rental history.

Communication with residents.

Claims against apartment owners relating to criminal activity often involve an allegation that the owner has misrepresented securityrelated issues to residents. In response to such allegations, it is valuable to know what the lease provides regarding these issues.

Section 24.1 Disclaimer.

In this section, the owner disclaims any express or implied warranties of security. This section also provides that no security system is failsafe, even the best system can’t prevent crime and that the resident should always act as if security systems don’t exist since they are subject to malfunction, tampering and human error. The best safety measures are the ones that the resident takes as a matter of common sense and habit.

Section 24.2 Your [the resident’s] Duty of Due Care.

This section requires residents, occupants and guests to exercise due care for their own and others’ safety and security.

Section 24.4 Loss.

This section states that unless otherwise required by law, the owner is not liable to any resident, guest or occupant for personal injury or damage, loss of personal property, or loss of business or personal income from any cause, including theft, vandalism, or negligent or intentional acts of residents, occupants or guests.

Section 24.5 Crime or Emergency.

This section advises residents to immediately dial 911 or call police personnel in case of suspected criminal activity. The resident agrees that none of the owner’s security measures are an express or implied warranty of security or a guarantee against crime or of reduced risk of crime and that unless otherwise provided by law, the owner is not liable to residents, occupants or guests for injury, damage or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism or other crimes. The resident further agrees that even if previously provided, the owner is not obliged to furnish security personnel, patrols, lighting, gates, fences or other forms of security unless required by law and that the owner is not responsible for obtaining criminal-history checks on any residents, occupants, guests or contractors in the apartment community.

When communicating with residents, it would be beneficial to be as consistent as possible with what the resident has already agreed to in the lease.

Tips regarding incident warning letters: When a crime of significance occurs, it is beneficial to provide a letter to residents regarding the crime and what residents can do to protect themselves.

• Remember the purpose of an incident warning letter.

The incident warning letter should be sent when you have a crime of significance that occurred on the property and it would be beneficial to give residents details of the incident to allow the residents to take precautions to protect themselves from the same or similar criminal activity.

• Be factual and brief.

Since your goal is not to be the source of criminal information, but the messenger of information, it is beneficial to be factual and brief with respect to the incident that occurred. It is beneficial to advise residents that you are getting the information from some other source, so residents don’t mistakenly believe you have firsthand knowledge about the crime. You might consider the phrases “We have learned from the police that …” or “We received information that …” to begin your statement regarding the facts associated with the crime.

• Take the opportunity to reiterate your security position.

Use the security position stated in the lease to inform residents of what they can do regarding security (call the police) and what you do regarding security (you may have security related measures, but residents should not rely on those measures for protection).

• Don’t assume duties you should not undertake.

You may want to refrain from telling residents that you will keep them updated. Although updates can be provided (when necessary), if you assume a responsibility to update residents, it is difficult to determine when that duty would end. Will you tell residents when the suspect has been arrested? Convicted? Paroled? The duty can be unending.

Crime is a reality in our society. Don’t be surprised if crime occurs. Be prepared when it does!