What Should You Know About Security Systems as a Tenant?
In California, both landlords and tenants have legal obligations related to the security of the rental properties. The purpose of general security systems in a rented unit is to ensure the safety and protection of the tenants and their property. These systems play an important role in deterring crime, preventing unauthorized access, and providing peace of mind for residents.
What are the benefits of a security system?
It’s essential for tenants to understand the benefits of a security system in order to make sure that they are living in a secure unit. Some benefits include:
Protection of property: Security systems prevent tenants’ properties from getting stolen or damaged by others.
Tenant’s personal safety: A good security system can also protect the personal safety of the tenants themselves by preventing unauthorized entry into the unit.
Prevention of theft: Good and visible security systems will discourage potential burglars or vandals from targeting the property.
Evidence collection and peace of mind: In the unfortunate event of a crime occurring, security systems like surveillance cameras can provide valuable evidence. Knowing that a reliable security system is in place, tenants will be able to live with significantly more peace.
What security measures is your landlord responsible for?
Locks: Under California Civil Code Section 1941.3, landlords are required to provide functioning deadbolt locks on the main entry doors of rental units, and operable locking or security devices for windows. They must ensure the locks are rekeyed or changed between tenants.
Common Areas: Landlords must maintain common areas such as hallways and courtyards in a safe condition. This includes good lighting and other measures to deter criminal activity.
Maintenance: Landlords are required to maintain the premises in good condition. This obligation is known as the "implied warranty of habitability" and includes the provision of reasonable security measures, such as maintaining locks and doors in good repair.
What are some California laws obligating landlords to fulfill these responsibilities?
California Civil Code Section 1941.1 states that landlords have an obligation to ensure their property is habitable, which includes maintaining the property's structural components and making sure the property is clean and sanitary. While this does not directly relate to security systems, it includes security elements that relate to the overall habitability of the property, such as properly functioning doors and windows. In addition, section 1941.3 states that landlords are required to provide functioning deadbolt locks on the main entry doors of the units, as well as window security or locking devices.
California Civil Code Section 1954 also states that landlords can enter a rented unit to make necessary repairs. It allows the landlord to access the property for the purposes of maintenance and repair, which would include maintaining existing security systems.
What are some tenant responsibilities when it comes to security systems?
Although landlords have a responsibility to provide security to tenants, there are also some duties that you, as a tenant, will need to uphold:
Reasonable Care: Tenants are required to take reasonable care of their rental units and common areas. This means using the security measures provided, like locking doors and windows.
Repairs: If a tenant or a tenant's guest causes damage to a security feature, the tenant may be responsible for the cost of repair or replacement.
Additional Security Measures: Tenants who wish to install additional security measures should discuss it with the landlord. Some installations may require the landlord's approval, especially if it involves altering the rental unit.
What are some California laws regarding tenants and security systems?
California Civil Code Section 1929 states that the tenant must take reasonable care of the rental property, which would extend to any security measures provided by the landlord. Additionally, California Civil Code Section 1941.2 renders a tenant responsible for repairs if they damage the property. This would apply to security features that the tenant damages.
When should you get legal help?
Complying with security measure responsibilities is crucial for a secure and lawful living environment, and attorneys are crucial in matters of rented unit security systems. They provide legal advice to tenants and landlords, help with lease agreements to clarify responsibilities, and assist in resolving disputes. They can also represent parties in court in the event of breaches relating to security measures and guide landlords on regulatory compliance. Consulting a lawyer is advised for any uncertainties about rights or responsibilities as a tenant or landlord. Tenants Law Firm is here to help. If you are a tenant in need of security measure assistance , contact us by calling (310) 432-3200 or by using this form.