Suitably understanding the potential legal consequences of a tenant’s negligence is a really significant challenge for landlords. When your tenant signed the lease, they agreed to correctly maintain your Loveland rental home in a clean and proper condition and refrain from illegal activities. But, in actuality, not all tenants adhere to these terms, and issues that get started on the property can immediately escalate into legal problems for you.
While, in fact, you are not held responsible for the illegal activities of your tenant, if you ascertain that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you answerable. The outcome of any legal action taken against you will typically rely on your awareness of the issue and the steps you took to handle it. Being proactive in such instances is critical to protecting your interests.
How and When You Knew
Oftentimes, renters are too good at hiding shady activities from their landlords. Then again, if you do see this happening on your rental property, it is key to address the issues immediately. In many regions, you could be held liable in court if your tenant engages in dangerous or illegal activities that you were certainly aware of.
Take one 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 quite possibly hold you liable for any damages.
The Slippery Slope of “Should”
Sometimes, whether you “should” have known about a renter’s illicit activities may come up. For example, if you know your renter as self-employed before you offer them a lease, there is some confusion with reference to whether or not that signifies that you should have assumed they would be conducting that business in the rental home.
Still, if your renter had been evicted for wild parties in the past, you may be held accountable since you should have checked with their previous landlord about it. But surely, if you’ve undertaken due diligence and didn’t see any evidence of past problems, that will increase your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates the soonest you know about them is always a good idea. But sometimes, a property owner has a limited ability to thoroughly fix the issue altogether. If a tenant is creating a nuisance for the neighbors but hasn’t categorically broken the lease terms, you can’t be held responsible for failing to evict them.
To be absolutely liable, you must have the power to truly do something in regard to the issue. Naturally, the flip side is that if your lease clarifies that you don’t allow flashy parties or business activities and you don’t take action, you might certainly be on the hook in a lawsuit
The specific terms and language used in the lease are a pertinent first step toward holding your tenants accountable for any nuisance or illicit activities. Aside from that, taking immediate and appropriate action is, as well, substantial to keeping yourself from being sued by disquieted neighbors.
Attentively screening your renters is another focal part of keeping yourself out of unwelcome legal trouble, as is putting into effect regular property evaluations. At Real Property Management of the Rockies, we do all this for our Loveland property owners – and more. Would you want to learn more? Don’t forget to get in touch with us online or by phone at 970-658-0410 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.
