Every landlord wants cooperative tenants who do not create problems for him. But everyone is not always lucky. Sometimes you have a tenant who is a constant nuisance. Such situations give rise to the questions like "is the landlord responsible for nuisance tenants?" let’s try to find the answer.
In general, the landlord is not responsible for the actions of his tenants, but there can be exceptions. Here we are discussing the issue in detail.
What is tenant nuisance?
It is very important to understand what is considered a tenant nuisance. If a tenant creates problems, makes a loud noise or conducts illegal activities on the property, this is considered a nuisance. The most common of these is the noise complaints. Tenants host parties play very loud music that is a nuisance for neighbors. Repair work at inconvenient hours is another common complaint.Dumping trash in improper places is also a cause of concern for neighbors.
Is the landlord responsible for nuisance?
In general terms, a landlord cannot be held responsible for the tenant's behavior. But it depends on various factors, and sometimes landlords are at fault. Here are the factors which determine if the landlord is responsible or not.
Have not Taken necessary action
Landlords cannot have all the information about the behavior of their tenants. However, if something was in your knowledge, but you avoid taking action, it will be considered your irresponsibility. So, if something comes into your knowledge, take immediate action.
Haven’t done proper screening
When you do not do proper screening and later find out about a tenant's criminal record, you will be responsible for his actions. If there are no warning signs, you are not responsible, but you are liable if you haven't done screening properly.
Take necessary precautions
It is always good to take necessary precautions. You can add some clause in your lease agreement, which gives you the power to evict the tenants if they create a nuisance. Moreover, if neighbors complain about anything, investigate it properly. However, make sure you are not discriminating based on race, gender, sex, or religion.
How to deal with nuisance as a landlord?
It is very difficult for landlords to deal with the nuisance. If you know the actions you can take, it will be a great help. Here are some actions which you can take to deal with the nuisance.
Evicting tenants
When you want to evict a tenant based on nuisance, you must follow the step-by-step process.
Investigation: The first step is to investigate the whole matter. Don't jump to a conclusion before investigating the situation. Get information about the duration and frequency of the nuisance behavior. Take to the tenant as well and know his point of view. Tell him about the complaints of the neighbors. Sometimes residents are not aware that their actions create problems for the tenants. If you will make them realize they can avoid it in future.
Send reminders: Usually, a warning is enough for the tenants, but sometimes you have to send reminders repeatedly. However, make sure you keep a record of these reminders if you must go to the next step.
Send cure or quit notice: If tenants' behavior does not change, you have to send cure or quit notice. It will give a specific date to the tenant that either changes the attitude or leave the house till that particular date. If the tenant does not leave, you can evict him forcefully.
How to avoid nuisance tenants?
Generally speaking, proper screening is the only way to avoid nuisance tenants. Check the background, criminal history and credit history before signing the agreement. Following a few tips can also help you.
- Report any suspicious activity on your property to concerned authorities.
- Add some clauses in the lease contract that no criminal activity will be tolerated, and in case of any nuisance complaint, you can evict the tenant immediately.
- Investigate complaints from the neighbors properly.
- Have no pet policy, particularly the dangerous ones, usually they are a cause of nuisance.
Some risk factors
No matter how well you have investigated the tenant, some risk factors are always there.
Pets: If a tenant's pet dog attacks a neighbor, you will also be held responsible for that. You will be liable for the damage caused if you were informed that the animal is dangerous and you haven't taken any action. So, having a no-pet policy is the best solution.
Nonpayment of utility bills: Some tenants do not pay utility bills in time, and landlords are not responsible for them. However, if the utility bills are issued in your name, you will be responsible for the nonpayment.
Criminal activities: If you know about the criminal activities of the tenant and you rented the house to get more than usual rent or for any other reason, you will be responsible for his actions. If you have no prior information and his previous criminal record was also clear, you will not be responsible for his crimes.
Nuisance: Sometimes landlord is responsible for the nuisance of tenants. Suppose you don't take necessary action against complaints or support his behavior in any way. So evict nuisance tenants as soon as possible to avoid complaints against you.
Negligence: if you do not do necessary repairs in time and damage is done in the neighborhood, you will be responsible for that.
Verdict
Landlords are not responsible for the nuisance a tenant creates, but if the landlord supports him or ignores his actions, They are considered equally liable.
Landlords must provide a safe and clean living environment to the tenants. However, you can add some clauses in the leasing agreement to ensure the neighborhood's safety. If you notice any nuisance, investigate it properly and take immediate action. However, it should not be any kind of discrimination. Being a landlord is not always easy. Sometimes you must take strict actions for the neighborhood's safety and avoid legal charges.
If you’d like to talk more about property management, or you need help with Everest Property Management, please contact us at Everest Realty.
As a top producing Realtor and Property Manager; Terry specializes in sales, extensive construction homes, rentals, REO’s, short sales, and all aspects of Real Estate. After graduating the University of Michigan with a master in MBA, Terry continued his endeavor and now has over 15+ years of experience in the Real Estate world. If there is anything that has to do with Real Estate and sales, you can always be sure of Terry to provide important, specialized knowledge.
