Legal Question in Landlord & Tenant Law in California
LL liability for tenant in-fighting
I'd like to know whether a Landlord can be held liable for the discrimination, harassment, or hate crimes occuring between tenants (ie, one tenant in a building is harassing another tenant in the same building). Cases addressing this issue seem to proceed under tort principles of Duty. What is the analysis, and are there independent areas of law (ie, other statutes) that may impose liability?
Thank you.
1 Answer from Attorneys
Re: LL liability for tenant in-fighting
Implied in every rental agreement is a covenant of quiet enjoyment of property. Obviously, things are tense in this building. The landlord should take steps to eliminate the harassment -- either by bringing the warring parties to tenant mediation, or ultimately terminating a tenancy. Also, if the landlord permits discrimination to occur after knowing about it, the landlord could be held liable as a business. That's not a good position to be in.