Correctly understanding the potential legal consequences of a tenant’s negligence is, indeed, a significant challenge for landlords. When your tenant signed the lease, they agreed to maintain your Sullivans Island rental home in a clean and proper condition and refrain from illegal activities. However, in reality, not all tenants adhere to these terms, and problems that started on the property can very quickly escalate into legal problems for you.
While, in fact, you are not held responsible for the illegal activities of your tenant, if you have an idea that your rental home is being used for unauthorized business activities, your neighbors could potentially hold you certainly responsible. The outcome of any legal action taken against you will basically rely on your awareness of the issue and the steps you took to handle it. Being proactive in such circumstances is essential to protecting your interests.
How and When You Knew
Sometimes, renters are very good at hiding shady activities from their landlords. But, if you do recognize there’s something happening on your rental property, it is beneficial 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 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 probably hold you liable for any damages.
The Slippery Slope of “Should”
In some ocassions, whether you “should” have known about a renter’s illicit activities may, indeed, come up. For example, if you find out your renter is self-employed before you offer them a lease, there is some confusion as regards whether or not that also means that you should have assumed they would be conducting that business in the rental home.
On the other hand, if your renter had been evicted for noisy parties in the past, you may be held accountable since you should have checked with their previous landlord about it. Naturally, if you’ve completed some due diligence and didn’t see any evidence of past problems, that will boost your chances of avoiding liability.
Addressing the Problem
Addressing any problems a renter creates as soon as you perceive them is always a good idea. But, 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 outrightly broken the lease terms, you can’t be held responsible for failing to evict them.
To be actually liable, you must have the power to really do something about the issue. Having said that, the flip side is that if your lease clarifies that you don’t allow rowdy 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 relevant first step toward holding your tenants accountable for any nuisance or illicit activities. At the same time, taking immediate and appropriate action is furthermore essential to keep yourself from being sued by frustrated neighbors.
Earnestly screening your renters is another pivotal part of keeping yourself out of unwelcome legal trouble, as is implementing regular property evaluations. At Real Property Management Instant Equity, we do all this for our Sullivans Island property owners – and more. Would you like to hear more? Don’t hesitate to get in touch with us online or by phone at 843-898-5743 for more pertinent 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.
