Properly comprehending the potential legal consequences of a tenant’s negligence is a considerable challenge for landlords. When your tenant signed the lease, they agreed to carefully maintain your Stonington rental home in a clean and proper condition and refrain from illegal activities. But, in fact, not all tenants adhere to these terms, and problems that start off on the property can easily escalate into legal problems for you.
Even while you are not held responsible for the illegal activities of your tenant, if you are aware that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you responsible. The outcome of any legal action taken against you will, in all likelihood, be based upon your awareness of the issue and the steps you took to take care of it. Being proactive in such situations is vital to protecting your interests.
How and When You Knew
Oftentimes, renters are outstanding at hiding shady activities from their landlords. Anyhow, if you do know what’s happening on your rental property, it is crucial to address the issues immediately. In most regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you know of.
For illustration, 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, in all likelihood, hold you liable for any damages.
The Slippery Slope of “Should”
In some situations, whether you “should” have known about a renter’s illicit activities may arise. For illustration, if you actually know your renter is self-employed before you offer them a lease, there is some confusion in terms of whether or not that indicates that you should have assumed they would be conducting that business in the rental home.
Additionally, if your renter had been evicted for uproarious parties in the past, you may be held accountable since you should have checked with their previous landlord about it. But remember, if you’ve done due diligence and didn’t find any evidence of past problems, that will amplify your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates by the time you find out about them is always a good idea. Yet sometimes, 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 unquestionably broken the lease terms, you can’t be held responsible for failing to evict them.
To certainly be liable, you must have the power to definitely do something as regards the issue. Having said that, the flip side is that if your lease clarifies that you don’t allow loud, wild parties or business activities and you don’t take action, you can likely 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. Aside from that, taking immediate and appropriate action is addtionally essential to keeping yourself from being sued by disconcerted neighbors.
Mindfully and comprehensively screening your renters is another key part of keeping yourself out of unwelcome legal trouble, as is implementing regular property evaluations. At Real Property Management Hartford Metro/Greater New London, we do all this for our Stonington property owners – and more. Would you like to ascertain more? Don’t forget to get in touch with us online or by phone at 860-436-9955 for more useful 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.