BLOG CATEGORIES

Dealing With Burglary as a Property Manager

Dealing with Burglary as a Property Manager

When it comes to preventing and reporting burglary on your property, your ultimate goal as a property manager — after protecting property and, more importantly, keeping your tenants safe — is to show that you’ve taken measures to prevent the crime in the first place. Even though burglary is universally understood, the actual legal description and the laws surrounding it are a bit more complicated. We’ll try to unravel it here, along with some ways you can prevent and report burglaries that could happen on your property.

Find out how to improve safety and reduce costs at your property

Our best-in-class emergency phone + monitoring solutions provide peace of mind and are backed by decades of expertise

Learn More

2022 ELLIES WINNER
Best Supplier -
Communication System

What is the legal definition of burglary? 

The common-law meaning is “trespassory breaking and entering of a structure of another with an intent to commit a felony therein.” The definition comes from state law; the components of the crime may differ from state to state. 

As you can see from the definition, burglary is contingent upon accessibility. While tenants can play a role in accessibility to areas such as their units or their cars while on-site, you, as the property manager, hold responsibility for the overall accessibility of the area you manage.

What type of crime is burglary? 

In the U.S burglary is usually prosecuted as a felony or misdemeanor.  It involves trespassing or theft. If nothing is stolen during a burglary, it is prosecuted as an act of statutory offense.

FREE DOWNLOAD: Building Your Emergency Action Plan >>

Is burglary prosecuted the same way in every state? 

No. Like most legal definitions, burglary’s definition may not mean the same thing in every U.S. jurisdiction. State criminal codes are considered along with federal and territorial codes. 

When is a property owner found negligent as a result of a burglary? 

Being accused of negligent security could mean that, as a property manager or owner, you did not take proper steps and/or install security measures that may have prevented the crime. This is generally referred to as a premises liability lawsuit. Your most-likely defense: creating and maintaining a safe environment. 

Who pays for the tenants’ stolen property? 

This very question is why tenant renters’ insurance is so important. It should be required by every property manager that tenants must carry this type of coverage. In fact, your lease agreement should specify this requirement, including who is liable if a break-in occurs. 

Many states make it clear that property owners, not tenants, may be liable for break-ins if certain due care was not performed. This could include common area maintenance or lock upgrades, among other things (check your local state laws). If a tenant reports a faulty window, door, or lock and the property manager does not take action, this could be a liability for the property manager. 

How can you advise tenants to search for stolen property as a result of a burglary? 

In many (but not all) cases, property is stolen with the intent to pawn or sell for cash. Fortunately, many states require identification when making a transaction at a pawnshop. If accompanied by a police report and proven to be yours, pawnshops will often return your stolen goods. 

Craigslist-type online classified ads may show stolen items being sold. Don’t contact the seller directly; contact the police. They can investigate and hopefully get your stolen items returned. 

Can a tenant get out of a lease if they feel unsafe?

In most cases, no. A property manager’s best bet is to show that they are making efforts to upgrade security and security measures.

Read our blog post giving more details on how to combat crime on your property.

What if a tenant is hurt during a break-in? 

Property owners are not always automatically liable for tenant injuries. Usually, a court or judge will decide if the owner’s actions (or inactions) may be the cause. Showing that you have taken every proactive step to decrease crime and injury on your property may help your case. 

What are the best ways to prevent a burglary from taking place?

  • Perform background checks on staff, contractors, and tenants. This is especially important if they are handling money, accessing the property, or working with sensitive information.
  • Educate your tenants to be proactive in preventing opportunities for burglars: keep windows and doors locked, keep an eye out for suspicious visitors, organize a “neighborhood watch”.
  • Know where all keys are. Keep track of any keys issued to staff, especially if they were to leave your organization. Limit the number of staff who may have access to sensitive areas. Use key fobs that can be programmed as to who can enter where.
  • Evaluate your exterior. Keep your area well lit at night. Make sure the property is swept, clean, and well maintained: this sends a signal that you care about your property and what happens to it.
  • Hire a security guard or security company (but be aware that this is not a “catch-all” step). Read our blog post on what to consider when taking this step.
  • Install video cameras. Even non-functioning cameras tend to be a deterrent to crime.
  • Install an emergency communications system. 

What is a good crime deterrent that also serves as a lifesaver?

When it comes to burglary incidents, the biggest difference-maker on your property may be an emergency help phone. Kings III makes and monitors a system equipped with two-way voice communication. In some cases, responses to criminal activity can even save lives.

Every Kings III emergency phone system contains:

  • A call button
  • Phone hardware that does not allow the caller (or potential assailant) to disconnect the call. The phone functions so that the call can only be disconnected by the emergency operator.
  • A light indicating the phone has been connected to an emergency operator
  • Capability for hands-free use and ADA compliance.
  • Call recording, which could help in court if litigation arises from the incident.

Why would a Kings III Emergency Communications system be more effective than a smartphone?

Installing a system like this in targeted areas on your property (entrances, elevators, parking lots, stairwells, common areas) could help combat crime. Here’s why:

  • Emergency communications systems let you contact authorities faster and more directly
  • Less risk of bad reception or a dropped call
  • More precise location identification with automatic number/location identification that pinpoints specific addresses, as opposed to cell phones which can only locate the closest cell towers and triangulate an approximate location
  • Professional medical help can be provided over the phone until medics arrive on the scene
  • With operators that are trained in handling all sorts of emergencies that will stay on the line until help arrives, an emergency phonehelps alleviate panic and, most importantly, save lives
  • More universal help, with response offered in 175+ languages
  • Liability reduction: with all calls digitally recorded, date/time stamped, and permanently stored automatically, helping with event verification, reporting, and potential litigation

Be sure to advise your tenants as to where the emergency phones are located, perhaps by regularly announcing it in the property newsletter, social media and email correspondence, or in the lobby.

To learn more about how Kings III can help promote a focus on improved safety on your property, talk to one of our experts.

Building Your Emergency Action Plan

KEEP LEARNING

Kings III Makes The Dallas Morning News Top 100 Places to Work List Becoming a 4x Winner

We're honored to be recognized by our employees and The Dallas Morning News by making the daily newspaper’s Top 100 Places to Work list for the 4th year in a row, falling in at 26th in the midsize companies category.

January 2024 Elevator Code Updates in Florida

Florida property managers have finally completed DLM requirements in their elevators (hopefully). But wait, there's more! Florida will adopt ASME 2019 starting January 1, 2024. Learn what this means, how you can comply, and get guidance from our code experts.

Survey Reveals Gaps in Building Emergency Communications Plans

A recent survey of property management professionals revealed that while more than 60 percent of respondents were aware that telecom companies are phasing out POTS (Plain Old Telephone Service, also known as analog copper land lines), nearly half reported their elevator emergency communication systems are still based on this endangered technology.

Successful Hotel CO Inspections

A CO is a vital requirement before opening your new-build/renovated hotel. One area we often see overlooked within the process is telecommunications. To help get you started, we’ve compiled a checklist of key telecom-specific items to consider that may be subject to inspection.

How is Elevator Liability Defined?

One of a building owner’s worst nightmares: a passenger gets into an elevator in perfect health but ends the ride with a serious physical or psychological injury. Thankfully, this is an extremely rare scenario, but all those involved in building management should know exactly how to define elevator liability and take action if an incident occurs.

How is Your Premise Liability Law IQ?

A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity's property. Keeping your property safe is, therefore, your number-one priority. Here's exactly what you need to know.

Kings III of America Announces CEO Transition

Kings III today announced that as part of a thoughtful succession process, Dennis Mason will be stepping down as Chief Executive Officer and transitioning to Senior Advisor. Norm Nelson, who has served as Chief Operating Officer since 2018, will succeed Mr. Mason as CEO.

Apple iPhone Setting Ties Up 911 Call Centers

A recent news story highlights how an iPhone safety feature may be adversely affecting 911 call centers. Here's what property managers should be thinking about when it comes to their own onsite emergencies.

Types of Emergency Phones: Glossary and Resources

If you are looking into information on emergency phones, it’s worth getting some context on all emergency response options at a high level. Here, we’ll attempt to do just that with a ‘types of emergency phones’ glossary where we’ll provide important facts and links to outside resources for ALL types of emergency phones, along with special considerations.

Kings III makes it easy as a single point-of-contact for all your emergency response needs. With expertise in line connectivity, compliance codes, equipment maintenance, and safety protocol, we offer the total package.