Legal Question in Real Estate Law in Florida

Can I sue the realty company hired to rent out a property for negligence? After the property was rented, the landlord has had numerous problems with the tenant but just recently found out that the tenant has a criminal felony charge for violence that was committed before renting the home. I thought real estate companies would have screened the potential tenant properly. Isn't that the reason people hire a rental company in the first place?

The landlord had to file a restraining order because of the tenant's aggressive behavior; particularly from an altercation that gave the landlord justification to fear for landlord's safety. Tenant has since been evicted because the landlord did not want to renew the lease after what happened and for non-payment of rent and the tenant destroyed the house, leaving behind extensive property damage.


Asked on 11/30/12, 3:04 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

First, your contract controls the relationship with the realty company. What provisions exist in that contract to define the terms of duties and obligations? That is the place to start. Contractual duties dont normally give rise to negligence claims so it is not likely they can be sued for negligence, but there may a breach of the contract. Realty companies can do background checks, but it is not required unless that is something they were to do by contract. Screening tenants is not typically the reason for hiring them. I would say the main reason is to get tenants who want to lease, period. Seek legal help with a copy of your contract.

Read more
Answered on 11/30/12, 3:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida