Suitably 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 appropriately maintain your Plymouth rental home in a clean and proper condition and refrain from illegal activities. But, in point of fact, not all tenants adhere to these terms, and troubles that are started on the property can straight off escalate into legal problems for you.
While it’s true that 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 totally accountable. The outcome of any legal action taken against you will largely bank 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
Now and again, renters are quite good at hiding shady activities from their landlords. But, on the other hand, if you do know what is happening on your rental property, it is integral to address the issues immediately. In some regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you were absolutely aware of.
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”
Every once in a while, whether you “should” have known about a renter’s illicit activities may come about. In particular, if you have a clue your renter is self-employed before you offer them a lease, there is some confusion relating to whether or not that spells out that you should have assumed they would be conducting that business in the rental home.
Aside from that, if your renter had been evicted for flashy parties in the past, you may be held accountable since you should have checked with their previous landlord about it. But, certainly, if you’ve implemented due diligence and didn’t recognize any evidence of past problems, that will actually increase your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates the moment you hear about them is always a good idea. Having said that, sometimes, a property owner has a limited ability to totally fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t openly 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 squarely do something in reference to the issue. But remember, the flip side is that if your lease clarifies that you don’t allow boisterous parties or business activities and you don’t take action, you certainly might be on the hook in a lawsuit
The specific terms and language used in the lease are an essential first step toward holding your tenants accountable for any nuisance or illicit activities. Beside that, taking immediate and appropriate action is likewise pertinent to keeping yourself from being sued by flustered neighbors.
Meticulously screening your renters is another weighty part of keeping yourself out of unwelcome legal trouble, as is administering regular property evaluations. At Real Property Management Associates, we do all this for our Plymouth property owners – and more. Would you like to find out more? Just make sure to get in touch with us online or by phone at 508-509-4485 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.