Carefully understanding the potential legal consequences of a tenant’s negligence is a significant challenge for landlords. When your tenant signed the lease, they agreed to maintain your Kendall rental home in a clean and proper condition and refrain from illegal activities. However, in actual fact, not all tenants adhere to these terms, and disputes that kick off on the property can directly escalate into legal problems for you.
Although, indeed, you are not held responsible for the illegal activities of your tenant, if you actually know that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you completely liable. The outcome of any legal action taken against you will predominantly depend on your awareness of the issue and the steps you took to manage it. Being proactive in such situations is critically important to protecting your interests.
How and When You Knew
Every once in a while, renters are so well at hiding shady activities from their landlords. But, really, if you do know that there is something happening on your rental property, it is crucial to address the issues immediately. In many regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you were aware of.
Take one example, if you knew one of your tenants was using your rental home as a daycare and one of your renters or their clients hurt someone, themselves, or damaged personal property, the court could perhaps hold you liable for any damages.
The Slippery Slope of “Should”
In a few cases, whether you “should” have known about a renter’s illicit activities may actually arise. For instance, if you have an idea that your renter is self-employed before you offer them a lease, there is some confusion in terms of whether or not that also includes that you should have assumed they would be conducting that business in the rental home.
Besides that, if your renter had been evicted for festive parties in the past, you may be held responsible since you should have checked with their previous landlord about it. But, on the other hand, if you’ve implemented a due diligence and didn’t take in any evidence of past problems, that will deepen your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates the soonest you knew about them is always a good idea. Yet, sometimes, a property owner has a limited ability to absolutely fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t clearly broken the lease terms, you can’t be held responsible for failing to evict them.
For you to be liable, you must have the power to literally do something as regards the issue. Having said that, the flip side is that if your lease clarifies that you don’t allow chaotic parties or business activities and you don’t take action, you might then be on the hook in a lawsuit
The specific terms and language used in the lease are a substantial first step toward holding your tenants accountable for any nuisance or illicit activities. Equally, taking immediate and appropriate action is, moreover, focal to keeping yourself from being sued by unsettled neighbors.
Securely screening your renters is another key part of keeping yourself out of unwelcome legal trouble, as is carrying out regular property evaluations. At Real Property Management Dade, we do all this for our Kendall property owners – and more. Would you like to know more? You are always welcome to get in touch with us online or by phone at 305-501-1511 for more detailed information.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.