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
2 Answers from Attorneys
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.
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 ?
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