Negligent Landlord

[Patrix]

Can a landlord be sued for reparations if after many documented cases of illegal activities occurring within the property and no action was taken to evict the tenants? I'm assuming here that the landlord had been notified numerous times (and documented) that the tenants were being a nuisance (i.e. loud music, drug dealing, prostitution, fire works displays). Also, that there had been numerous police citations and warnings to the tenants. This could go further as to include property damage to adjoining properties (i.e. failure to comply with city code, whereby causing damage to an adjoining dwelling) as well as the public nuisance issues. I'm looking to see if there is case law and/or city ordinances to this effect. Thanks!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Patrix:
Can a landlord be sued for reparations if after many documented cases of illegal activities occurring within the property and no action was taken to evict the tenants? I'm assuming here that the landlord had been notified numerous times (and documented) that the tenants were being a nuisance (i.e. loud music, drug dealing, prostitution, fire works displays). Also, that there had been numerous police citations and warnings to the tenants. This could go further as to include property damage to adjoining properties (i.e. failure to comply with city code, whereby causing damage to an adjoining dwelling) as well as the public nuisance issues. I'm looking to see if there is case law and/or city ordinances to this effect. Thanks!<HR></BLOCKQUOTE>

Yes, you can file legal complaints. On the drug dealing issue, there is a Federal Law that could come into play that entitles the government to confiscate the property if the owner is aware that illegal drug activity is taking place and does nothing. Contact the DEA for more info.

 

[Tracey]

Read your state's landlord tenant act & residential landlord tenant acts. T has a right of quiet enjoyment & L must enforce it, even if that means evicting other tenants who create disturbances. Look up the statutes and see what kind of notice you have to give (written, certified/return receipt), & whether you can pay rent into a court escrow account until L deals with the tenants. Legally withholding rent is very effective at encouraging L to fix the problems.

Also, L has a duty to provide 'safe & clean' common areas. Drug dealing & prostitution present direct threats to the safety of everyone in the apt complex & L MUST deal with it promptly. Failure to do so is grounds for terminating the lease & suing L for damages.

Get thee to the library...

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.