Dangerous Tenant Liability for Landlord

Posted by Teresa on October 9, 2008 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

It is important for landlords to understand the liability placed on them through the actions of tenants! If a landlord allows a tenant who poses a danger to others to remain in a property, the landlord may become liable for the actions of that tenant.

There are many actual court cases holding a landlord responsible. In Rosales v. Stewart (California), the landlord knew that the tenant discharged firearms on the property, and did nothing to stop it. A neighbor child was killed by a gunshot fired by that tenant. The court found the landlord was under a duty to third persons to remove dangerous conditions on the property, even if it meant removing the tenant.

Legal Rights And Responsibilities Of Roommates – Part IV

Posted by on September 5, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

Learning about the legal rights and responsibilities of rooming with roommates can make sharing a place a lot easier, of course, after everything has been put down in writing, and after a deal has been worked out with the landlord. However, what is to be done, in the event, sometime later on down the road a roommate indulges in lease violation.

Suppose, he / she refuses to pay rent, or damages the place, else makes too much noise? All this means that as per the lease terms, your landlord is legally entitled to hold each and every one of you responsible.

Well, if your roommate is never on time where paying rent is concerned, the best bet is to try and do whatever is necessary to encourage him / her to move out, even while you start looking for another roommate.

In case, of rental property damaged by your roommate, discuss the issue with your landlord and tell him / her exactly what happened. This may help clear up your responsibility in the landlord’s eyes. If, it doesn’t, next best thing is to cooperate with your landlord on repairing the damages, in short behave like a perfect tenant. Perhaps, your landlord may realise, all tenants should not be punished for one tenant’s misdemeanours.

While, it is not within your sphere to evict your roommate, however, you can assist your landlord in making it easy for him / her to evict your roommate. And, if this results in a roommate who turns violent on you, you can always protect yourself by filing an anti-harassment or domestic violence order.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Legal Rights And Responsibilities Of Roommates – Part III

Posted by on August 4, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

Taking the time to learn about legal rights and responsibilities of roommates can make sharing a place a considerably easier. And, the next step after putting everything down in writing is to work out a deal with the landlord.

Once all the roommates have signed the rental agreement making each one individually responsible for paying the entire rent each month, and if you have already signed a lease and moved in, the next step is to acquire the landlord’s permission regarding taking on roommates.

No doubt, your landlord will likely wish to review the credit history of your potential roommates, in addition to securing additional security and pet deposits. As well, he / she may also raise the rent, in view of the fact that there are extra people sharing the rental unit.

And, don’t be surprised if adding on roommates to the rental agreement means your landlord has a new lease drawn up, to be signed by each of the co-tenants.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Avoiding Landlord / Tenant Disputes

Posted by on July 4, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

A landlord and tenant may disagree over rent increases, or over whose responsibility it is to carry out repairs, or over security deposit returns, but whatever, the reason for the dispute, try and avoid getting involved in expensive litigation. A trip to the lawyers should be the last resort and not your first choice for landlord / tenant dispute resolution.

Both, landlords and tenants should follow the following tips, so as to avoid legal problems:

  1. They should be up-to-date and fully cognisant with their rights and responsibilities under federal, state, and local law.
  2. Both should ensure that the lease or rental agreement terms are clear.
  3. All doors to communication should be kept open. In case, there is a problem, for example, a disagreement over the landlord’s right to enter an occupied rental unit, it should be either resolved over a friendly discussion between landlord and tenant, or through arbitration or with the help of a local dispute resolution service.
  4. Copies of all landlord / tenant correspondence should be kept, including notes of conversations regarding problems relating to the tenancy. As you know, all rental unit repairs should be asked for in writing and a copy kept of the letter. On his / her part, the landlord should keep a copy of the repair request, as well as, keeping notes on when and how the problem was fixed.


That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Changing Locks On A Tenant`s Guest

Posted by on May 4, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

Many a time, landlords with rental property find that along with their bonafide tenant, they are saddled with a friend he / she allowed to stay over, while the guest searched for a place to live. However, come time to move and the visitor refuses to comply. Now, while most landlords want the original tenant to stay, as does the tenant, the guest is the one that they want to leave. In such a situation, most would be tempted to change the locks on the doors, allowing access only to the original tenant and, excluding his / her visitor. The question that arises is, whether such an act would be legal.

As long as, rent has not been accepted from the tenant’s guest or any indication given that he / she has been accepted as a tenant, the latter is nothing, but an unauthorised occupant. The fact that your tenant allowed a guest to stay for a while, does not turn the guest into a co-tenant.

Theoretically, an unauthorised occupant is nothing other than a trespasser, and states have ways to get rid of them, so you can begin with a call to your local police. There is no legal reason, why you and your tenant cannot change the locks to keep out a trespasser.

However, while the law may be on your side, you are restricted from taking it safely in your own hands. Most often, many long-term guests will claim they were treated like tenants, which means they have the same rights as bonafide tenants. And, as everyone knows freedom from illegal evictions, including lock changing is a significant tenant right.

So, unfortunately, the wisest course a landlord stuck with an unwanted guest can take, instead of changing locks and being sued in court, is to file an eviction action against this interloper.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Legal Rights And Responsibilities Of Roommates – Part II

Posted by on April 26, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

Now, that you have selected the roommate you wish to share your rental accommodation with, the next logical step is to ensure all legal rights and responsibilities of co-tenants are put down in writing, in order to make sharing not only a whole lot easier, but a pleasant experience, as well.

The only thing that will hold, in the event things go wrong between roommates is, if there is a written agreement regarding:

  1. How the rent is to be split and paid together with utilities and security deposits.
  2. As well, house rules if any, regarding pets, including pet security deposits.
  3. Whether, smoking is to be allowed or not, and if so, smoking and the non-smoking areas should be clearly demarcated.
  4. Partying hours and drug use (or lack thereof) must be decided on at the outset.
  5. In addition, late hours and noise levels must be agreed upon.
  6. Whether, overnight guests are permitted, and if so, how often?
  7. Whether, food and cooking duties are to be shared or each one buys his / her own groceries, does his / her own cooking.
  8. Chalk out a cleaning schedule and how household chores are to be shared.

Though, as you will find, it is impossible to enforce the rules, such as, forcing your roommate to wash his / her dirty dishes, or to maintain the quiet while other roommates are sleeping, a small claims court judge has the power to enforce agreements, as to how rent and utilities are to be paid.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Legal Rights And Responsibilities Of Roommates – Part I

Posted by on April 24, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

Being aware of their legal rights and responsibilities can make sharing a place a whole lot easier for roommates. Therefore, it is important for you to find out more, in case you are thinking of taking on a roommate to halve your living expenses.

Selecting Roommates
Simply, because you have a great time hanging out and partying with friends, is no sure-fire guarantee that you will enjoy sharing accommodation and living together. In deciding to go in for a roommate or roommates, the following issues must be considered carefully, in order to decide a roommate’s true potential.

Give due consideration to:

  • Before letting anyone move in with you, check out his / her personality, as it is most essential to check out what kind of character your potential roommate is.
  • Find out whether your potential roommate leads a healthy lifestyle or not, including his / her habits.
  • Duly consider the income of your potential roommate, including his / her budget.
  • As well, his / her circle of friends i.e. the kind of people he / she tends to hang out with. As you know, birds of a feather flock together, and that sort of thing.
  • Whether, your potential roommate will be bringing or not bringing a pet with him / her.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Landlord Obligations

Posted by on April 17, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

What a landlord should keep in mind is, when a prospective tenant has been promised a clean, newly painted apartment before moving in, you must deliver the goods. It is quite possible, they would have gone elsewhere, but signed the rental agreement on being assured by you that they would be moving into a clean, freshly painted unit.

Your refusal to keep your word may see your tenants taking action by calling the health department and describing the unpainted, unclean conditions, which will be seen as genuine health risks, especially if deteriorating lead-based paint is involved.

As you must be aware, many states have reinforced laws for tenants, who have to put up with harmful conditions that landlords refuse to remedy. As well, it is legal for tenants to carry out repairs and later deduct the cost from the rent, or they may even withhold rent until the landlord has the place cleaned and necessary repairs carried out.

As for tenants, if a landlord makes such a promise, get it in writing before signing a rental agreement and moving in. On the other hand, it is far better to avoid renting a dirty place, as any landlord who shows such a unit to prospective tenants, proves he / she has no pride in the property, and is unlikely to maintain for the duration of the tenancy.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Landlords: Terminating a Legally

Posted by on under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

When is it legal for a landlord to terminate a lease, and thereby end an unwanted tenancy, is a relatively easy question to answer. One can say a landlord is within his legal rights to terminate a lease, when the tenant flagrantly violates any of its clauses, such as, paying rent late, keeping pets in direct violation of a No Pets clause, substantially damaging the property, or participating in illegal activities on or near the premises e.g. selling drugs or some such.

However, a landlord is required to send adequate notice to a tenant telling him / her that the tenancy has been terminated. State laws have set out extremely detailed requirements regarding the drafting and delivery or serving of a termination notice. The reason for terminating the tenancy must be clearly stated, with a warning that the tenant must vacate the premises or face an eviction lawsuit. Or else, the notice should warn the tenant of eviction, if he / she does not clean up his / her act, e.g. pay the rent, or find a new home for the pet.

In case, the tenant complies or vacates the rental property, the landlord has just saved himself some expensive litigation expenditure. However, if the tenant refuses to comply with the termination notice, the landlord can file an eviction lawsuit against the tenant.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

What Happens In The Event Of A Tenant Breaching A Rental Lease

Posted by on March 29, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

The rule of thumb is that a tenant is bound for the duration of a rental lease, unless the landlord bends the law or violates lease terms, such as, failing to carry out necessary repairs, or else refusing to comply with an important clause in the lease. There are a few states, which have laws that allow tenants to breach a lease for health problems or if their job requires permanent relocation. Federal, including many similar state laws permit tenants entering active military service and related government positions to terminate a lease before its due date.

However, in case a tenant breaks a lease without reasonable cause, he / she is responsible for paying the remainder of the rent due under the lease term. Even so, most states require a landlord to make all efforts to find a new tenant, no matter the reason behind the tenant’s move, rather than forcing him / her to pay the remaining rent due under the lease.


That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for their tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!