Question: We recently had a burglary at our facility and later discovered that one of our security cameras was inoperable. Now the tenant wants to review the tape. Since we advertise that we have security cameras, are we liable?
Answer: The extent of your potential liability will depend to a large extent on the language of your lease. If you have video cameras on a property, it is important that you use a lease like the TSSA lease that puts your tenants on notice regarding the video cameras and general non-liability. Paragraph 15 of the TSSA lease states, "No express or implied warranties are given by lessor. Lessor disclaims and tenant waives any implied warranties of suitability, merchantability, security, safety, or fitness for a particular purpose." This paragraph also states that "video cameras may be non-operational or unmonitored." So, this should provide the tenant with legal notice that you are by no means guaranteeing that video cameras are constantly operable or monitored, or that you will be able to provide surveillance video for their use.
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