Correctly 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 essentially maintain your Princeton rental home in a clean and proper condition and refrain from illegal activities. However, in fact, not all tenants adhere to these terms, and problems that begin on the property can speedily escalate into legal problems for you.
While, indeed, you are not held responsible for the illegal activities of your tenant, but if you know that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you totally responsible. The outcome of any legal action taken against you will, by and large, be dependent on your awareness of the issue and the steps you took to properly deal with it. Being proactive in such situations is vital to protecting your interests.
How and When You Knew
Occasionally, renters are so good at hiding shady activities from their landlords. Despite that, if you do detect happening on your rental property, it is vital to address the issues immediately. In a lot of regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you were likely aware of.
For 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 possibly hold you liable for any damages.
The Slippery Slope of “Should”
In some circumstance, whether you “should” have known about a renter’s illicit activities may arise. For example, if you know your renter is self-employed before you offer them a lease, there is some confusion referring to whether or not that specifies that you should have assumed they would be conducting that business in the rental home.
In addition, if your renter had been evicted for rowdy parties in the past, you may be held accountable since you should have checked with their previous landlord about it. Needless to say, if you’ve performed due diligence and didn’t see any evidence of past problems, that will magnify your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates the first chance you get wind of them is always a good idea. On the other hand, sometimes, a property owner has a limited ability to entirely fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t really broken the lease terms, you can’t be held responsible for failing to evict them.
In order for you to be liable, you must have the power to surely do something in connection with the issue. That being said, the flip side is that if your lease clarifies that you don’t allow exuberant 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 a major first step toward holding your tenants accountable for any nuisance or illicit activities. Along with that, taking immediate and appropriate action is similarly crucial to keeping yourself from being sued by distressed neighbors.
Carefully and throughly screening your renters is another imperative part of keeping yourself out of unwelcome legal trouble, as is bringing about regular property evaluations. At Real Property Management Focus, we do all this for our Princeton property owners – and more. Would you like to discover more? Feel free to get in touch with us online or by phone at 773-443-7439 for more 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.