What do I do about getting the landlord to prevent non-tenant drug dealers from dealing on the premises?
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What do I do about getting the landlord to prevent non-tenant drug dealers from dealing on the premises?
There are drug dealers that don’t live in the apartment building I live in but do park in the parking lot or sit on the downstairs front porch and sell drugs. I have called the landlord about this and have suggested tow signs for people who don’t live there and asked if there is anything they can do to ensure that the dealers don’t deal on the premises. They said there is nothing they can do and seem to blow me off about it. I am concerned about the safety of my 4 kids. What steps should I take to get the landlord to deal with this problem?
Asked on June 2, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
This is better addressed to the police than to the landlord: the landlord's control over third parties who do not rent from the landlord is limited. While the landlord could call the police, you can do that, too; and the landlord is not generally obligated to call the police about criminal activity, the same way no private citizen is obligated to call and report drug dealing. The landlord IS obligated to provide "reasonable" security, which is generally taken to be the same type and level of security as provided by the average landlord for similar buildings in similar locations. If the landlord is not providing that level of security--for example, say that most buildings like yours have front doors that lock, where only tenants have keys and others must be "buzzed" in, but your building does not--you could potentially bring a legal action to force the landlord to upgrade security, or seek monetary compensation, or even, in egregious-enough cases, terminate your lease without penalty. However, if the the landlord is providing reasonable security, he has discharged his responsibility; and even if he has not, the obligation to provide reasonable security does not necessarily extend to the landlord towing cars or reporting third party criminal activity.
If you think there are criminals in and around your building, you should be contacting the police.
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