Am I Responsible For My Tenant's Behavior???
I am being sued b/c my tenant's children threw rocks and dragged sticks across someone's car. It was alot of damage.
Is this my responsibility??? I would think it would be the tenant's responsibility to watch her kids. Shouldn't the lady try to sue my tenant? If my tenant committed murder, would I be charged with it?!
Needless to say, this is a Sect. 8 tenant, and Dept. of Social Services has been called numerous times on her b/c of her lack of care for her children.
We have plans of evicting her, but not until the Spring...better rental market then. Should we quickly evict her b/c of this potential lawsuit?
Please help...I'm very nervous!!!!!!!!!!
[ Edited by Pat on Date 11/04/2003 ]
The joys of being a landlord. You may have responsibility for the damage unless you put the risk on the tenant. Typically you are responsible for forseeable damage i.e., were you aware of this problem and did not take reasonable steps to prevent further damage. Most landlords tell their tenants that they are not responsible for the parking areas and they park their at their own risk. I make the tenant sign and acknowledge this in the rental agreement.
Thus, you are now up against a public interest attorney (worst type because they hate people who make money) and he will probably make your life difficult because his client is not required to pay for his services.
[addsig]
I'd suggest you get this to your lawyer now. Take along your insurance policy on the rental as that insurance might cover you & pay for a legal defense for you, might even pay any damages if you lose.
Do not discuss this with the other lawyer, give no statements, don't even talk to him/her...as doing so might be a waiver of your rights against your own insurer.
Although Clint C. is right in that you might be found liable if your act in renting to these tenants was foreseeable negilgence, and that negligence was a proximate cause of the damages, that has to be proven by the plaintiff's lawyer.
Again, this is the reason insurance is important on your rental properties, also holding title to each rental in its own LLC so YOU can't be reached or sued, and the tenant's action can be against the LLC only.
Thank you Mr. Coons and Mr. Merchant! Your suggestions are greaty valued!!! I see the necessity of having an LLC and having liability insurance. I will have to read over my lease again and maybe revise it. Thanks again!!!
***If anyone else has ideas or personal experiences, etc, please share!
Eric and Rosa, While I am a great admirer of your advice I must disagree about scheduling a meeting with the tenant, the neighbor and the landlord. That would be a constructive solution if there were not already an attorney involved. Because of the very real possibility of litigation I would recommend that the landlord in this instance speak to no one with the exception of the insurance company and her personal counsel.
Call your Insurance Agent and/or Insuring company and have a nice talk with them.
You've been writing out those checks for a time like this.
JHGraves,
Thank you for the kind words.
We appreciate any feedback with regards to our post. After further thought, and consideration, your guidance with regards to forego a meeting with the parties is noted and we strongly agree.
Thanks again for your comment.
Eric & Rosa
[addsig]
Pat
Was this situation ever resolved?
AWESOME! Glad to hear that it worked out for the best.
Thanks JohnMerchant!
Good info to know.
Good input on the addendum. We have since included in our lease more specific info on police visitations, dom. violence, etc. that these are grounds for eviction.
Also, we are finding that Section 8 refers tenants who do not have money to pay a lawyer to go to a free (non-profit) service to represent them in court...with real lawyers.
AWESOME bgrossnickle!
Great addendum, thanks SO MUCH!!