A crime alone does not make a California landlord liable. The questions include what risk was foreseeable, what reasonable precautions were required, and whether a failure contributed to the harm. This short video covers the locks California law requires, why knowing about a defective lock calls for prompt action, and what landlords don’t automatically owe.
What This Video Covers
- The three types of locks Civil Code §1941.3 requires
- Why actual knowledge or a report of a defective required lock calls for prompt action
- How California courts decide whether a crime was foreseeable
- What landlords don’t automatically owe, including security guards
- How AEBP handles broken entry and lobby lock reports
The Short Version
Subject to statutory exceptions, Civil Code §1941.3 requires deadbolts on main swinging unit-entry doors, security or locking devices on covered windows that open, and code-compliant locks on exterior doors into common areas with access to units in multifamily buildings. The full guide explains the sliding-door, window, existing-hardware and other exceptions. Required by law.
Under §1941.3(b), a landlord can be liable for a violation if a covered defect stays uncorrected for more than a reasonable time after the landlord or agent actually knows about it or receives notice of it. A tenant report is one way to establish notice. Liability for injuries from a crime also requires the other elements of a claim, including causation.
Beyond those locks, liability for crime by a third party depends on foreseeability. A known broken lobby lock, earlier similar crimes on the property, or tenant complaints about strangers getting in can make the next incident more foreseeable. A duty to hire guards generally requires heightened foreseeability, which can come from prior similar incidents or other serious warning signs (Ann M. v. Pacific Plaza, 1993; Castaneda v. Olsher, 2007). Less burdensome precautions are assessed separately.
Key Takeaways
- Landlords aren’t insurers of tenant safety, but they must keep §1941.3 locks working.
- Once you know a required lock is defective, whether through a tenant report or your own observation, act promptly and document the repair. Notice alone doesn’t establish liability for a later crime.
- Address known defects promptly; the burden of a precaution matters when courts assess duty.
- Don’t describe a building as “secure” or “safe”; describe its actual features.
- A written request with the required documentation can trigger a 24-hour, landlord-paid lock change. Co-tenant cases under §1941.6 require a qualifying court order excluding that person.
Resources Mentioned
- Landlord Security Duties in California: What You’re Liable For (and What You’re Not)
- California Landlord Repair Timelines
- Package Theft in California Apartments: Landlord Guide
- California Civil Code §1941.3
- California Civil Code §1941.5
- California Civil Code §1941.6
- Ann M. v. Pacific Plaza Shopping Center (1993)
- Castaneda v. Olsher (2007)
- City of Oakland CPTED Guidelines
Talk to an East Bay Property Manager
AEBP manages 600+ rental units across Oakland, Berkeley, Emeryville and the wider East Bay, with a 24/7 bilingual maintenance line.
Video Transcript
Are you liable when a tenant is the victim of a crime at your rental? A crime alone doesn’t make a California landlord liable. But a few things change the picture fast.
First, the basics the law requires. With some exceptions, Civil Code section 1941.3 requires deadbolts on main entry doors, locks on windows that open, and code-compliant locks on exterior doors into the common areas of a multifamily building.
Second, knowledge. Once you know a required lock is defective, whether a tenant told you or you saw it yourself, act promptly and document the repair. Courts look at what you knew and what you did about it. A broken lobby lock, earlier break-ins, or complaints about strangers in the hallway can make the next incident more foreseeable.
What you don’t automatically owe: security guards, or protection from crime nobody could have predicted. California’s Supreme Court has said landlords aren’t insurers of public safety.
At AEBP, we treat a broken entry or lobby lock as an emergency, with a vendor sent the same day. In our view, working locks, good lighting and secure mail can help reduce risk and support tenant retention.
The full guide, with the comparison table and five common questions, is linked below.
