A LANDLORD IS LIABLE FOR FAILING TO PROTECT THEIR TENANT…
Criminal
behavior is generally viewed as an unpredictable event, and therefore, outside
of a landlord’s control. Courts have consistently ruled that it is unjust to hold
a landlord accountable for failing to prevent a crime. However, recently an
Ohio Appellate Court did just that when they found a landlord liable for
failing to protect their tenant from a violent crime.
In this
case, the victim’s complaints against another resident’s un-leased roommate were
ongoing and the lack of an appropriate response led to a verdict of negligence.
The manager of the apartment complex listened to the victim’s repeated
complaints of harassment and advised her to file a report with the police. As
the situation escalated, the manager requested that the other resident’s
boyfriend, against whom the complaints were being filed, complete a rental
application and submit to a background check. The manager did not perform a criminal
records search with the information collected on the submitted application, but
did deny tenancy based on the fact that the boyfriend’s credit report did not
meet the facility’s standards. The manager did not follow-through with an
eviction.
The
boyfriend was still living at the apartment complex when he broke into the
victim’s unit and then proceeded to beat and rape her in the presence of her
young child. He was ultimately sentenced to nine years in prison. A civil suit
against the apartment complex will proceed to trial before jury.
A great deal
can be learned from this tragic case. As a landlord it is fundamental that you
are available to assist in the removal of any potential safety threat. This
process begins with an initial, consistent, and thorough screening process. At
RSI we advise all of our clients that criminal history, credit history, eviction
history and Social Security verification are essential to screening potential
tenants. Additionally, anyone over
the age of 18 living on the rental property should be screened—no matter what extenuating
circumstances may come into play. Required criteria for approved residency
should be well outlined and these standards should be upheld consistently
either through denied tenancy or, when necessary, eviction.
For more
information on establishing rental criteria and good tenant screening practices
visit the Rental Services, Inc. website at: www.erentalservicesinc.com
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