Aptly understanding the potential legal consequences of a tenant’s negligence is certainly a significant challenge for landlords. When your tenant signed the lease, they agreed to maintain your Garden City rental home in a clean and proper condition and refrain from illegal activities. But, as a matter of fact, not all tenants adhere to these terms, and problems that get underway on the property can, at once, escalate into legal problems for you.
But despite that you are not held responsible for the illegal activities of your tenant, if you see that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you chargeable. The outcome of any legal action taken against you will mostly depend on your awareness of the issue and the steps you took to take care of it . Being proactive in such circumstances is crucial to protecting your interests.
How and When You Knew
Every now and then, renters are really good at hiding shady activities from their landlords. Having said that, if you do see something happening on your rental property, it is really important 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, indeed, aware of.
For a case in point, 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 presumably hold you liable for any damages.
The Slippery Slope of “Should”
In some occasions, whether you “should” have known about a renter’s illicit activities may crop up. For instance, if you get to know your renter is self-employed before you offer them a lease, there is some confusion with regard to whether or not that conveys that you should have assumed they would be conducting that business in the rental home.
Another thing, if your renter had been evicted for exuberant parties in the past, you may be held liable since you should have checked with their previous landlord about it. But, without doubt, if you’ve executed some due diligence and didn’t check out any evidence of past problems, that will greatly add to your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates immediately the moment you are informed about them is always a good idea. Anyhow, sometimes, a property owner has a limited ability to fully fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t literally broken the lease terms, you can’t be held responsible for failing to evict them.
To be fully liable, you must have the power to forthrightly do something with the issue. It goes without saying, that the flip side is that if your lease clarifies that you don’t allow any wild parties or business activities and you don’t take action, you might definitley be on the hook in a lawsuit
The specific terms and language used in the lease are an important first step toward holding your tenants accountable for any nuisance or illicit activities. Concurrently, taking immediate and appropriate action is, in like manner, vital for keeping yourself from being sued by upset neighbors.
Heedfully screening your renters is another primal part of keeping yourself out of unwelcome legal trouble, as is putting into effect regular property evaluations. At Real Property Management Landmark, we do all this for our Garden City property owners – and more. Would you like to find out more? Don’t forget to get in touch with us online or by phone at 516-522-2859 for more pertinent information.
Originally Published on February 8, 2019
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