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Is Landlord Legally Obligated To Monitor Property For Illegal Activity?
As a landlord, am I legally obligated to monitor the property for illegal activity among my tenants. For example, if my tenants get caught doing something illegal in the home, will I have any liability?
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Answers (1)
It is the responsibility of the landlord to see that every tenant follows the provisions of the lease or rental agreement. Property owners are expected to create a safe living environment for their tenants. If they fail to do so out of negligence, they can be held liable. The property has rules of conduct as established by the terms of the rental agreement. Landlords in most states must protect the neighborhood from their tenants’ illegal activities, such as drug dealing. These legal duties stem from building codes, ordinances, statutes, and court decisions.
Law enforcement authorities may seek criminal penalties against the landlord for knowingly allowing illegal activity to be committed. The government in extreme cases can confiscate the rental property. In California, they have passed regulations that make the landlord responsible for the illegal activities of the tenants. Since laws vary by each state, it would be prudent to research the specific laws governing your specific state.
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Posted by Linda Adams on 22 Jan 2010