Landlord Liable for Dangerous Tenant's

September 4, 2009

This horror story comes from an actual court case (Rosales v. Stewart) whereby a landlord was held liable for injuries caused to a neighbor by his tenant. He was held liable because the landlord knew of the tenant’s dangerous propensities and failed to terminate the tenancy after acquiring the knowledge.

In this case, a neighbor’s child, a 10-year old boy, was killed by a gunshot fired by the tenant. The 10-year old boy lived in the house across the street. The landlord knew the tenant liked to discharge firearms periodically in his back yard. The landlord failed to evict the tenant once he found out that he was conducting dangerous activities on the property. The court found that the landlord was under a duty to third persons to remove dangerous conditions on the property, even if that meant getting rid of the tenant.

The lesson? A landlord must not allow a tenant who poses a danger to others to remain in residence. This would apply to a tenant who has a dog that is known to be vicious or has a history of biting people, for example, or a tenant who is known to be a reckless driver, as well as any tenant who poses a danger to others in any way.

Proper background screening is crucial not just for the safety of your tenants but for the landlords own liability. Thoroughly screening each tenants background is vital to ensure a secure place to live and protect you and your tenants.

To learn about Tenant PI's Nationwide, Instant, and Detailed Criminal Background Checks click here.

Source: Kentucky Landlord Solutions
http://kentuckylandlordsolutions.com/HorrorStories.html




Subscribe to News RSS Subscribe to Blog RSS	« Back to Blog Landlord Liable for Dangerous Tenant's September 4, 2009 This horror story comes from an actual court case (Rosales v. Stewart) whereby a landlord was held liable for injuries caused to a neighbor by his tenant. He was held liable because the landlord knew of the tenant’s dangerous propensities and failed to terminate the tenancy after acquiring the knowledge. In this case, a neighbor’s child, a 10-year old boy, was killed by a gunshot fired by the tenant. The 10-year old boy lived in the house across the street. The landlord knew the tenant liked to discharge firearms periodically in his back yard. The landlord failed to evict the tenant once he found out that he was conducting dangerous activities on the property. The court found that the landlord was under a duty to third persons to remove dangerous conditions on the property, even if that meant getting rid of the tenant. The lesson? A landlord must not allow a tenant who poses a danger to others to remain in residence. This would apply to a tenant who has a dog that is known to be vicious or has a history of biting people, for example, or a tenant who is known to be a reckless driver, as well as any tenant who poses a danger to others in any way. Proper background screening is crucial not just for the safety of your tenants but for the landlords own liability. Thoroughly screening each tenants background is vital to ensure a secure place to live and protect you and your tenants. To learn about Tenant PI's Nationwide, Instant, and Detailed Criminal Background Checks click here. Source: Kentucky Landlord Solutions http://kentuckylandlordsolutions.com/HorrorStories.html	Tenant PI puts credit reports, nationwide criminal background checks and unique landlord history reports just one click away.