Legal Question in Real Estate Law in Florida

known criminal activity of tenants by landlord

my question is, can a landlord be held accountable and if he can by what means, if the landlord has been notified by law enforcement that there is criminal activity (illegal drug sales) being conducted at one of the landlords properties. The landlord has also been informed that there is documented police reports of the criminal activity. Once notified does that landlord have any obligation to attempt to evict the residents conductin the criminal activity???? could you please assist and if you can site case law or FSS. Thanks


Asked on 3/25/98, 4:48 pm

2 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

Landlord's responsibility for criminal activity

To my knowledge there is no specific appellate caseor statutory provision concerning a landlord'sresponsibility of evicting tenants who are engagedin criminal activity. Usually a written leaseagreement gives the landlord that right. With respect to neighboring tenants, they have animplied covenant of quiet enjoyment. This can bebe used to either terminate their own rental agreementto put the pressure on the landlord to take action.I am not aware of anything one can do to forcethe landlord to evict tenants engaged in criminalactivity.

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Answered on 4/08/98, 9:26 am
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Owners Liability for Known Criminal Activity on His Fla. Property

Can a landlord be held accountable if the landlord has been notified by law enforcement that there is criminal activity (illegal drug sales) being conducted at one of the landlords properties. The landlord has also been informed that there is documented police reports of the criminal activity.

I have read Atty. Randall Reder's response and he has addressed your second question. As to your first question, the owner/landlord is exposed to liability if someone else gets shot or hurt and the landlord allowed the activity to go on and did nothing to stop it. You could be sued and your insurance might not cover it, if you could even keep insurance on the premises.

Furthermore, Law Enforcement agencies have the right to take property that is used in criminal enterprises. An owner/landlord might get drawn into a forfeiture proceeding if there was enough proof that the owner was aware of the activity and allowed it to continue so the landlord could profit from it by renting the property.

A contract/lease must be for a legal purpose. Who would want tenants who don't respect the lease, rules or the law ?

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

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Answered on 4/09/98, 8:14 am


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