Ascertaining the potential legal consequences of a tenant’s negligence is a significant challenge for landlords. When your tenant signed the lease, they agreed to appropriately maintain your Belton rental home in a clean and proper condition and refrain from illegal activities. But, on the other hand, not all tenants adhere to these terms, and troubles that begin on the property can instantly escalate into legal problems for you.
Though you are not held responsible for the illegal activities of your tenant, if you have an idea that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you liable. The outcome of any legal action taken against you will surely be conditional on your awareness of the issue and the steps you took to manage it. Being proactive in such situations is essential to protecting your interests.
How and When You Knew
Now and again renters are excellent at hiding shady activities from their landlords. Except, if you do find happening on your rental property, it is imperative 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 know of.
As an 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 potentially hold you liable for any damages.
The Slippery Slope of “Should”
In some instances, whether you “should” have known about a renter’s illicit activities may arise. If you perceive your renter is self-employed before you offer them a lease, there is some confusion in reference to whether or not that denotes that you should have assumed they would be conducting that business in the rental home.
Having said that, if your renter had been evicted for lively and noisey parties in the past, you may be held accountable since you should have checked with their previous landlord about it. Clearly, if you’ve carried about due diligence and didn’t see any evidence of past problems, that will strengthen your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates the soonest you know about it is always a good idea. But oftentimes, a property owner has a limited ability to thoroughly fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t broken the lease terms, you certainly can’t be held responsible for failing to evict them.
To be liable, you must have the power to undoubtedly do something concerning the issue. But certainly, the flip side is that if your lease clarifies that you don’t allow wild parties or business activities and you don’t take action, you could be culpable for lawsuit
The specific terms and language used in the lease are a vital first step toward holding your tenants accountable for any nuisance or illicit activities. Aside from that, taking immediate and appropriate action is moreover key to keeping yourself from being sued by dismayed neighbors.
Attentively and thoroughly screening your renters is another crucial part of keeping yourself out of unwelcome legal trouble, as is executing regular property evaluations. At Real Property Management Apex, we do all this for our Belton property owners – and more. Would you like to discover more? Just feel free to get in touch with us online or by phone at 254-732-1599 for more valuable information.
Originally Published on February 8, 2019
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.
