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Landlords Can Be Held Responsible for the Illegal Activities of Their Tenants

By Sandy Shores FL Realtor®, Melbourne Real Estate

Real Estate Broker/Owner with M & M Realty of Brevard Inc. BK629999

June 23, 2010 10:18 AM

Landlords Can Be Held Responsible for the Illegal Activities of their Tenants

It's important that landlords be careful who they rent to.

And, be careful they know what their tenants are doing in their property.

A tenant that is engaged in illegal activities, such as growing drugs and/or selling drugs out of their house can wind up getting their landlord in trouble with the law. The landlord that is aware of his tenant's illegal activities could be prosecuted as a third degree felony, along with the tenant. In extreme cases a landlord could potentially have his rental house confiscated in a drug bust.

City officials in towns like Cocoa are trying to crack down on blighted areas, where crime is a nuisance. They expect landlords to help in the fight. They want to clean these areas up. Owners are being reminded to get rid of tenants that are suspected of dealing in illegal activities.

Careful screening upon move in, including a thorough search of the Brevard County Clerk of Courts Website is a good start to find out that potential tenant's criminal background.

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Bruce Walter

Keller Williams Realty Lafayette/West Lafayette, Indiana - West Lafayette, IN

Hi Sandy,

This is a great article to keep your investors informed what is going on with the law, and how it can impact their property investment. I could see some people being opposed to this, but hopefully it will be a way to make the neighborhoods safer and more drug free.

Jun 23, 2010 10:44 AM

Sandy Shores FL Realtor®, Melbourne Real Estate

M & M Realty of Brevard Inc. - Melbourne, FL

Brevard County Real Estate, Florida's Space Coast

Hi Bruce, Being a landlord myself, I think that landlords should have a certain amount of responsiblity as to what their tenants are doing in their rental properties - especially when it comes to illegal activities.

Jun 23, 2010 10:59 AM

John Walters

Frank Rubi Real Estate - Slidell, LA

Licensed in Louisiana

Sandy I once got a call from the US Marshalls service looking for a tenant in one of my buildings. I boughtthe building and he was already renting one of the units. Fortunately they apprehended him before long. Could have been a real quandary for me.

Jun 23, 2010 03:55 PM

Lou Ludwig

Ludwig & Associates - Boca Raton, FL

Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Sandy

Thanks for sharing the information.

Good luck and success.

Jun 23, 2010 04:03 PM

Richard Weeks

Dallas, TX

REALTOR®, Broker

Sandy,

Leasing is full of responsibilities and liabilities. In addition to credit report many property owners are now requiring back ground checks.

Jun 24, 2010 12:02 AM

Gabe Sanders

Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL

Stuart Florida Real Estate

The tough part is proving that the landlord knew about the tenant's intentions. But it is a good thing to go after.

Jun 24, 2010 12:09 AM

Myrl Jeffcoat

Sacramento, CA

Greater Sacramento Realtor - Retired

Although we know illegal activity can really create havoc and distress for neighborhoods and communities, I hope it is required that landlords be notified of illegal activities - either by neighbors or law enforcement, before that responsibility is translated into confiscation of property.

Jun 24, 2010 02:36 AM

Ann Hayden 636-399-7544

Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO

SelectAnn.com

I have mixed feelings about the landlord being held accountable, however, they should check up on their tenants activities regularly.

Ann Hayden in Wildwood, MO

Mary Douglas

United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO

REALTOR, Red Feather Lakes, Colorado

Hi Sandy, This is good to know, and like others have said I would hope the entire burden does not rest on the landlord. The true burden lies with the law breakers and they should be held most accountable.

I agree, not if you "suspected" but had actual knowledge they should be evicted- pronto ....but then a landlord really wouldn't have to evict them if they were in jail, right? It's more like a relocation program :-)

Jun 24, 2010 10:07 AM

Goodbye Active Rain

Out of Real Estate

Hi Oompa! It's been a while. Good info as always! I hope you and your family are well!!

Jun 30, 2010 03:22 AM

Paul S. Henderson, REALTOR®, CRS

Fathom Realty Washington LLC - Tacoma, WA

South Puget Sound Washington Agent/Broker!

I have seen this happen before with Meth houses. The Feds don't care who the the house belongs to. They seize it!

Jul 02, 2010 05:05 AM

Laura Cerrano

Feng Shui Manhattan Long Island - Locust Valley, NY

Certified Feng Shui Expert, Speaker & Researcher

Sandy, That is scary to know you could be responsible for other peoples irresponsibility..so unfair! thanks for sharing :)

Jul 10, 2010 09:54 AM

Landlords Can Be Held Responsible for the Illegal Activities of Their Tenants

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