Understanding the potential legal consequences of a tenant’s negligence is quite a significant challenge for landlords. When your tenant signed the lease, they agreed to essentially maintain your Lynchburg rental home in a clean and proper condition and refrain from illegal activities. However, it is a matter of fact that not all tenants adhere to these terms, and troubles that start on the property can swiftly escalate into legal problems for you.
Though you are not held responsible for the illegal activities of your tenant, if you discover 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 largely be dependent on your awareness of the issue and the steps you took to deal with it. Being proactive in such situations is highly critical to protecting your interests.
How and When You Knew
At times, renters are outstanding at hiding shady activities from their landlords. Nevertheless, if you do determine something happening on your rental property, it is essential to address the issues immediately. In numerous regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you were definitely aware of.
For instance, 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 a few cases, 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 implies that you should have assumed they would be conducting that business in the rental home.
Moreover, 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. Certainly, if you’ve conducted 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 the moment you discover them is always a good idea. Nonetheless, sometimes, a property owner has a limited ability to wholly fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t truly broken the lease terms, you can’t be held responsible for failing to evict them.
To be held liable, you must have the power to doubtlessly do something regarding the issue. However, the flip side is that if your lease clarifies that you don’t allow loud parties or business activities and you don’t take action, you might be on the hook in a lawsuit
The specific terms and language used in the lease are a really important first step toward holding your tenants accountable for any nuisance or illicit activities. Besides that, taking immediate and appropriate action is equally principal to keeping yourself from being sued by troubled neighbors.
Earnestly screening your renters is another important part of keeping yourself out of unwelcome legal trouble, as is undertaking regular property evaluations. At Real Property Management Cairn, we do all this for our Lynchburg property owners – and more. Would you like to see more? Don’t hesitate to get in touch with us online or by phone at 434-215-3028 for more valuable 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.
