Use Two-Step Plan to Thwart After-Hours Crimes at Center

If shopping centers near yours have experienced vandalism or burglaries that took place after hours, you might be afraid that your center will be affected next. Installing more lighting in the parking lot is one of the best measures you can take. But there are other ways to deter after-hours crimes. To reduce the risk of an after-hours crime occurring at your building or center, add the following two safeguards to an “access outside of ordinary business hours” clause in your lease.

Deny Access to Unauthorized Parties

Get the right to deny after-hours access to your building or center to: (1) anyone not recognized by your security personnel as an employee, agent, or subtenant of the tenant or a building employee; or (2) anyone without a building identification card or after-hours visitor pass. This gives you and your security personnel the power to keep strangers and unauthorized people out of your building or center. Owners of smaller centers may not have distributed employee identification cards or after-hours visitor passes to tenants. But they should consider doing so as soon as possible; these cards and passes offer an easy way of controlling who can have after-hours access to the building or center.

Require After-Hours Registration

Get the right to require that everyone who enters and leaves the building or center after hours must register with your security personnel. A registry that lists the visitor’s name and check-in and checkout times will help your security personnel keep track of who is inside your building or center at any particular time.

You can’t stop third parties from suing you if they’re injured after hours by someone in your building or center—but you can protect your wallet in other ways. For example, make a tenant pay for actions of its visitors, agents, employees, and subtenants. And make the tenant agree to be liable if any of its visitors (or its agents, employees, and subtenants) cause harm to the building or center or to anyone inside the building or center. So, for example, if a tenant’s visitor rips the furniture in the lobby, the tenant must pay for the furniture repair.

For more tips on how to minimize your liability for crimes at your center, see "Reducing Risk of, Liability for After-Hours Crimes," available to subscribers here.