Appropriately understanding the potential legal consequences of a tenant’s negligence is a significant challenge for landlords. When your tenant signed the lease, they essentially agreed to maintain your Grand Junction rental home in a clean and proper condition and refrain from illegal activities. However, in actuality, not all tenants adhere to these terms, and issues that develop on the property can rapidly escalate into legal problems for you.
While it is indeed true that you are not held responsible for the illegal activities of your tenant, if you 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 predominantly be based on your awareness of the issue and the steps you took to handle it. Being proactive in such situations is totally critical to protecting your interests.
How and When You Knew
Every now and then, renters are excellent at hiding shady activities from their landlords. On the other hand, if you do have an idea of what’s happening on your rental property, it is pertinent 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 were certainly aware of.
As an 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 most likely hold you liable for any damages.
The Slippery Slope of “Should”
In certain circumstances, whether you “should” have known about a renter’s illicit activities may arise. As an example, if you ascertain your renter is self-employed before you offer them a lease, there is some confusion as to whether or not that also describes that you should have assumed they would be conducting that business in the rental home.
Secondly, if your renter had been evicted for loud parties in the past, you may be held accountable since you should have checked with their previous landlord about it. Doubtlessly, if you’ve done due diligence and didn’t ever find any evidence of past problems, that will augment your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates just as soon as you realize about them is always a good idea. But, sometimes, a property owner has a limited ability to securely fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t clearly broken the lease terms, you can’t be held responsible for failing to evict them.
To be acountable, you must have the power to absolutely do something with reference to the issue. As a matter of course, the flip side is that if your lease clarifies that you don’t allow vibrant, noisy 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 principally important first step toward holding your tenants accountable for any nuisance or illicit activities. Aside from that, taking immediate and appropriate action is additionally critical to keep yourself from being sued by discontented neighbors.
Seriously screening your renters is another vital part of keeping yourself out of unwelcome legal trouble, as is conducting regular property evaluations. At Real Property Management Now, we do all this for our Grand Junction property owners – and more. Would you like to know more? Please don’t hesitate to get in touch with us online or by phone at 970-314-7123 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.
