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Can a Liberty Landlord be Sued for a Renter’s Negligence?

A property manager sits at a table with a couple, discussing lease terms in a casual setting.Reasonably understanding the potential legal consequences of a tenant’s negligence is quite a significant challenge for landlords. When your tenant signed the lease, they essentially agreed to maintain your Liberty rental home in a clean and proper condition and refrain from illegal activities. However, in fact, not all tenants adhere to these terms, and troubles that start out on the property can immediately escalate into legal problems for you.

While it is a fact that 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 totally liable. The outcome of any legal action taken against you will be largely dependent on your awareness of the issue and the steps you took to properly address it. Being proactive in such situations is definitely critical to protecting your interests.

How and When You Knew

From time to time, renters are great at hiding shady activities from their landlords. Conversely, if you do discern something’s happening on your rental property, it is pertinent to address the issues immediately. In a number of regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you were actually aware of.

To cite an 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 likely hold you liable for any damages.

The Slippery Slope of “Should”

In a few ocassion, whether you “should” have known about a renter’s illicit activities may arise. For instance, if you have an idea that your renter is self-employed before you offer them a lease, there is some confusion over whether or not that also means you should have assumed they would be conducting that business in the rental home.

Similarly, if your renter had been evicted for tacky parties in the past, you may be held responsible since you should have checked with their previous landlord about it. But, definitely if you’ve certainly done your due diligence and didn’t find out any evidence of past problems, that will enhance your chances of avoiding liability.

Addressing the Problem

Addressing any problems a renter creates the first chance you get knowledge of them is always a good idea. But, in fact, 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 bluntly 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 directly do something in terms of the issue. Obviously, the flip side is that if your lease clarifies that you don’t allow raucous 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 critical first step toward holding your tenants accountable for any nuisance or illicit activities. Along with it, taking immediate and appropriate action is furthermore vital to keeping yourself from being sued by resentful neighbors.

Mindfully screening your renters is another basic part of keeping yourself out of unwelcome legal trouble, as is enacting regular property evaluations. At Real Property Management Principles, we do all this for our Liberty property owners – and more. Would you like to find out more? See to it to get in touch with us online or by phone at 816-890-9800 for more useful 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.

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