As a landowner, it can be hard to perceive when a tenant’s negligence might set you in hot water. When they signed the lease, hopefully, your renter agreed to keep your Lubbock rental home clean and properly maintained and to refrain from illegal activities. Not all tenants will abide by the terms in the lease and troubles that begin on the residence can swiftly develop into complications for you.
Though you are not held liable for the illegitimate actions your renter may do, if you find out that your rental home is being used to conduct business, and your owners’ association does not allow this activity, your neighbors could hold you accountable. The repercussion of any legal action put together against you will possibly lean on two things: how much you knew about the problem (and when), and whether or not you took steps to stop it.
How and When You Knew
Oftentimes, tenants are really adept at hiding shady activities from their landlords. Nonetheless, if you do ascertain something is going on in your rental apartment, it is vital to take actions promptly to deal with the problems. In some regions, if your renter does something dangerous or illegal as a result of ongoing activities of which you were aware, you could be held liable in court. As an illustration, if you knew one of your tenants was using your rental home as a daycare and one of your renter’s or their clients hurt someone, themselves, or damaged personal property, the court could be more likely to hold you liable for any damages.
The Slippery Slope of “Should”
In some instances, the question of whether or not you “should” get an idea about a renter’s illicit activities may take place. For instance, if you recognize your tenant is self-employed before you give them a lease, there is certain confusion concerning whether or not that denotes that you should have expected they would be administering that business in the rental house. In addition, 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. Certainly, if you’ve done due diligence and didn’t discover any history of prior troubles, that will raise your probabilities of avoiding liability.
Addressing the Problem
It is at all times a great notion to deal with any issues a renter is making as soon as you discover about them. Although sometimes, a landlord has very little power to thoroughly settle the issue. If a tenant is creating a nuisance for the neighbors but hasn’t actually broken the terms of the lease, you can’t be held responsible for failing to evict them. In order to be liable, you have to have the capacity to practically undertake steps about the problem. Of course, the setback is that provided your lease explains that you don’t authorize vulgar nor loud parties or business endeavors and you don’t act on it, you may be on the hook in a lawsuit.
In Conclusion
The specific terms and language used in the lease is an important first step toward holding your tenants accountable for any nuisance or illicit activities. Concurrently, taking direct and suitable actions are also important to safeguard yourself from being sued by irritated neighbors. Screening your renters thoroughly is an added necessary component of securing yourself away from any undesirable legal burden, as is doing regular property evaluations. At Real Property Management Services, we perform all of this for our Lubbock property owners – and more. Would you like to learn more? Please contact us online or by phone at 806-853-6546 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.
