Legal Question in Real Estate Law in California
Owner/landlord being sued by neighbor for tenants actions
I own a condo in which i rented, tenants turned out
to be loud and uncontrolable. The tenants started
trouble with a neighbor after i had started eviction
proceedings. Neighbor is taking me to small cliams
court for damages my tenant might have caused out on
a public street to the neighbors car and because the H.O.A. rules & regulations states that the owner shall
be responible and accountable for tenants actions.
Though no one saw my tenants do it and there was a police report taken but i have not seen it.Tenants have been evicted and are gone. Is this my responsibility?
1 Answer from Attorneys
Re: Owner/landlord being sued by neighbor for tenants actions
Maybe.
You could be held liable to the neighbor either under the HOA rules and regulations, which probably have the force of a contract between you and the neighbor, or under a negligence concept (i.e., that you were negligent in renting to these folks because you didn't adequately investigate them). The contract theory is stronger than the negligence approach, in my estimation.
The neighbor has a proof problem. You should try to obtain a copy of the police report so you'll have that version of the 'facts' at your disposal and be prepared to deal with it.
Unless you have prior small-claims experience you should get help before appearing in court. This could be conferring with a lawyer, the county small-claims advisor, and/or a self-help law book.
Remember that your liability is secondary, and that you probably have a claim for indemnity against your ex-tenants if there is a judgment against you for what they did.
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