Landlords must take some actions under California law to make their properties relatively safe. They don’t need to make them crime-proof but must take reasonable steps to prevent foreseeable crimes from happening. A recent New Jersey case shows the consequences of a landlord failing to take action to prevent a crime it was told would happen.
A Day Just Like Any Other
On February 5, 2020, the Los Angeles Times’ biggest stories were President Trump’s state of the union address, the results of New Hampshire’s Democratic presidential primary (Joe Biden didn’t do well), and a new virus originating in China had killed 500 people so far.
That day in their modest apartment in Penns Grove Gardens in Salem County, N.J., Ruth Esther Reyes de Severino, 30, and her children, Eurianny, 5, and Eury, 2, bled to death. They’d been fatally stabbed by Eugenio Severino, 54, who was Ruth’s husband and the children’s father. After murdering his family, Eugenio went to a nearby public park and hung himself, according to the New York Times.
Eugenio entered the apartment because his key unlocked the door. Though he had resided there, Eugenio wasn’t on the lease and didn’t sign it. He lived there until Ruth obtained a temporary restraining order in January against him.
Lawsuit Claims Landlord Ignored Ruth’s Pleadings to Change Her Apartment’s Locks
After receiving the order, Ruth “begged” her landlord to change the locks on five occasions because she feared for her safety and that of her children, according to an attorney for her family. The Severino’s marriage rapidly deteriorated in January 2020 for unknown reasons, and he threatened to kill Ruth many times before he did so.
Ruth’s surviving family members are suing the building’s owners and managers in a wrongful death action filed in New Jersey state court. They claim negligence and breach of contract led to the three deaths. The family seeks awards for compensatory and punitive damages and the $1,207 security deposit paid for the unit.
If This Happened in California, What Would the Landlord’s Responsibilities Be?
Generally, landlords must use reasonable steps to protect tenants from the foreseeable criminal acts of others under California law. If a landlord fails to do so, they can be held liable for a third party’s intentional, criminal conduct.
When courts look at these cases, they consider how burdensome protective actions might be against the foreseeability of the crime. Whether or not a crime is foreseeable is judged on all the relevant facts in the case. For a plaintiff to successfully sue a landlord, the tenant must prove the defendant knew, or should have known, about the probability of the crime but didn’t take reasonable steps to protect them.
When it comes to a tenant with a restraining order or police report of violence against them, the issue of whether a future crime is foreseeable or what would be reasonable for a landlord to do goes out the window. The state legislature has decided the issue.
Under state law, if a tenant informs the landlord in writing of the police report or restraining order, the landlord must change the locks on the doors to the tenant’s unit within twenty-four hours. The tenant could also do it themselves but needs to tell the landlord within twenty-four hours and give them a key.
If Mrs. Severino lived in California and gave her landlord written notice of the restraining order but got no response and was killed the same way, a wrongful death lawsuit by her family would be successful if they can establish those basic facts. They would need to show the statute was violated, leading to her death and those of her children.
The plaintiffs would then move on to proving the damages the defendant would be obligated to pay. Given a statute was violated, there’s a good chance punitive damages (meant to punish the defendant and discourage it and others from taking the same actions) would be awarded. This is the kind of case that could drive a landlord and or a management company into bankruptcy.
Anthony Burton Counsels Landlords on Legal Obligations and How to Meet Them
Contact our office if you have questions about your responsibilities as a landlord and what you must do to comply with the law. If you’re facing allegations that you allowed crime to take place on your property, Anthony Burton can be a zealous defender of your rights and interests. Call us at (949) 244-4207 or send an email to info@awblawpc.com to schedule an appointment for a consultation.
