Can a Landlord be Held Liable for Nuisance Tenants?

What's the best way to deal with unruly tenants?

If you are a landlord or property owner, you understand the longing of having peaceful tenants.

Unfortunately, once in a while, there comes an unruly tenant who makes your job more complicated. From loud music, aggressive pets to illegally parking in other tenants' spots.

Such actions manifest one question, 'can a landlord be held liable for nuisance tenants?'

Your job is to provide comfy and habitable living conditions and ensure all tenants abide by their tenancy agreements.

So, if a tenant violates these terms, can you be held liable?

How Can You Define a Nuisance Tenant?

According to Nevada law, a nuisance is any action or continuing situation that creates an unreasonable hindrance to the free use of property and results in bodily harm to the tenants dwelling in that property or adjoining buildings.

Therefore, a nuisance tenant engages in continuing actions that cause agitation among other tenants. In some cases, these actions might cause bodily harm to the tenants and the destruction of property.

Spot a Nuisance Tenant

The most common traits of a nuisance tenant include:

1. Committing or permitting waster that results in a foul smell making living in the property unbearable
2. Illegal activities, including manufacturing and trading controlled substances, hosting criminal gangs, and human trafficking, pose health and safety risks for other tenants.
3. Damaging property, such as the physical building or other tenants' personal properties
4. Unreasonable loud noise or extra bright lights from activities such as night parties make sleeping unbearable.
5. Violence, stalking, harassment, and assault, such as domestic violence and sexual assault
6. Negligence
7. Aggressive pets
8. Unpaid rent, abandoned residency, and unpaid utilities
9. Indecent or inappropriate behavior towards and in the presence of other tenants

Can a Landlord Be Held Liable for Nuisance Tenants? 

The short answer is yes and no; it depends. The law will not hold you liable for nuisance tenants.

However, there are certain circumstances that the law dictates should be added to landlord liability, such as:

Awareness

Although it's your job to supervise, monitor, and ensure all tenants follow the rule of the tenancy agreements, you can't know everything and can't be everywhere.

If the court finds you knew what the unruly tenant was doing or was planning to do, the law will hold you liable. You should stop any unruly activity you spot.

You should have known.

Ignorance isn't bliss.

Sure, you might not know every activity in your building, but it's your duty to understand, monitor, and learn the various activities occurring on the premises.

If the court finds you should've known about an activity, you will be held liable.

You failed to exercise your power.

You are the landlord. That title comes with a certain power, albeit to a certain degree, as per the law.

Suppose you spot an unlawful activity, spot a violent tenant, or any other kind of nuisance. In that case, you have the power to give an eviction notice per the law, failure to which you are responsible for the nuisance.

What Is the Best Way to Deal with a Nuisance Tenant?

Now that you know landlord liability can include nuisance tenants, how you deal with such tenants matters.

You can deal with nuisance tenants in any of these ways:

Prevention rather than the cure

Instead of dealing with the problem when it manifests, avoid the problem altogether by screening the potential tenants before they lease, refrain from cash deposits, and consult with local law enforcement to spot and stop illegal activities within the premises.

Tweak the lease

The lease/tenancy agreement should state you won't tolerate any unruliness within the premises. Include the repercussions if the tenant becomes a nuisance.

Additionally, state whether pets are allowed and, if so, which breeds. It's best to speak to your insurer since it might not cover attacks from aggressive pet breeds, further expanding landlord liability.

Educate them on their responsibilities

Most tenants fail to understand they have a responsibility to their fellow tenants. Before leasing, educate the tenant on their responsibilities, such as maintaining a clean and peaceful environment, honoring your tenancy agreement, paying your dues on time, repairing any damages you cause, and adhering to the law.

Take seriously and investigate complaints from other tenants.

In some cases, landlords dismiss complaints from tenants concerning other unruly tenants. Don't make such a mistake lest you be held accountable.

When a tenant complains about another tenant, chances are there's something you need to investigate and report to the authorities.

Talk to the unruly tenant.

Before taking stringent action, talk with the tenant notifying them of the complaints from other tenants.

Explain to the tenant how their activities affect and jeopardize the health and safety of other tenants. The tenant might not know how other tenants feel about those activities.

Warnings and reminders

You can provide a written warning to a first-time offender asking them to quit their actions. If they fail to stop and repeat the same, provide constant reminders to give them a chance to rectify their actions.

Penalty and eviction

If they fail to rectify their unruly activities or escalate, you can service a Three-Day Notice to Quit. If the tenant doesn't vacate within three days, you can send a Five-Day Notice to Quit for Illegal Detainer.

You must follow Nevada's service process laws which require a tenant to be served notices only by a constable, sheriff, licensed process server, or an agent of an attorney licensed in Nevada.

Additionally, be keen to observe the Federal Fair Housing Act and Nevada Law against discrimination in housing based on religion, creed, gender identity, national origin, family status, sexual orientation, skin color, disability, military status, ancestry, sex, or race.

You Can Avoid Landlord Liability

Dealing with nuisance tenants is necessary. If left unchecked, they cause havoc leading to the peaceful renters vacating the premises or you being held liable. Avoid landlord liability by learning the best and professional way of handling tenants or move to another level and become a real estate agent. At Americana Property Management, we have the best resources in Las Vegas to mold you into the pro you can be. Best still, our prices are unbeatable. If you wish to learn more about becoming the ideal landlord, contact us today.