This article offers tips on how to identify, address and hopefully avoid illegal activities taking place on your property. We also briefly discuss the scope of a landlord’s potential liability for criminal activity at the premises.
Identifying Suspicious Activities
There are many clues of possible illegal activity at a rental unit. Your senses of sight and smell can help identify potential problems. For example, tenants who are involved in drug dealing, cultivation or drug use on your rental property can be identified by the suspicious, unusual odors associated with illegal drug use. Heavy traffic or loitering are other tell-tale signs of illegal drug activity. On the other end of the spectrum, excessive isolation is another potential sign that might raise eyebrows indicating criminal activity may be present. In addition, neighboring tenants can provide useful information on criminal activity, since they are in the best position to witness such activity at or around the premises.
One proven method for identifying actual or potential criminal activity is to conduct periodic inspections of the unit. However, make sure to give proper notice. Under California law, unannounced inspections are prohibited and if you do so then you might end up in court. California law requires that you give 24 hours advance notice.
If you don’t actually perform the day-to-day duties of landlord on your own and have hired property manager for these responsibilities, then you need to ensure that he/she is paying attention to suspicious activities. Whether property is managed by an individual or a team, you must make sure that they are diligent enough to identify warning signs of crime.
Avoiding Criminal Activity through Proper Screening
Thorough screening is critical for determining whether the contemplated tenancy poses a risk that the occupants may engage in criminal activity. These tenants often have a history of evictions, litigation, or delinquency with prior landlords. This is why a screening report is an effective method for avoiding them and reducing landlord risk.
More specifically, landlords should always run thorough background checks on potential tenants and watch out for red flags. You should call all landlord references and ask them meaningful questions about the potential tenant. You should also verify all employment information, bankruptcy records, criminal and court records, and perform a proper credit check. Always keep thorough documentation of all encounters and processes.
Landlords should be aware that they cannot refuse to rent to a prospective tenant because the individual has a history of drug use. The Fair Housing Act (FEHA) bans discrimination based on disability, which has been extended to addiction to drugs and alcohol. 24 CFR 100.201(a)(2). Drug addiction is a disability under federal law, and refusing to rent to someone with a disability is illegal. 42 U.S.C. §§ 3601-3619. However, while addiction itself is protected as a disability, illegal drug activity is not.
How To Deal with Criminal Activity
If you suspect that your rental property has become a hub for illegal activities or your tenants are involved in criminal acts, utilize the services of law enforcement to attempt to solve the problem. Don’t confront the occupants head-on because this would be dangerous. Involve law enforcement and stay in the background to avoid trouble and possible landlord responsibilities for criminal activity later on. Involving law enforcement will also create a record of the claimed illegal activity (in the form of police reports, incident reports, etc.), which can be used in support of eviction proceedings.
You should commence evictions proceedings promptly whenever it becomes apparent that criminal activities may be occurring at your rental unit. As discussed below, you may have liabilities allowing criminal activities to occur on your rental property and you will be dragged into a negligence charge and might have to pay for the damages. An unconditional three day notice can be served, and a lawsuit can be filed immediately after the notice expires, so evictions for criminal activity are on a fast track.
Potential Liability for Criminal Acts at the Premises
Landlords have a duty to take reasonable steps to protect tenants from the foreseeable criminal acts of another. CAL. CIV. CODE § 1714. Criminal acts can include conduct such as assault, battery, robbery, murder, rape, drug abuse, and property damage. When a landlord fails to use reasonable care to protect their tenants, they can be held liable for the negligent or intentional criminal conduct of a third party. CACI NO. 1005.
In order to be held liable for a tenant’s injuries, the tenant must show that the landlord knew or should have known about the probability of criminal activity and failed to take reasonable steps to protect the tenant. Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666 (1993). This is where a complete and organized tenant screening file comes in handy.
Conclusion
It is true that property rental can reap financial rewards justifying such a business. However, the risks are also various and wide-ranged. Accordingly, we recommend that property owners be alert at all times. They should perform checks prior to renting their property, and inspections afterwards, not hesitating to evict tenants for illegal activity if its found.
Lynx Legal Service has handled many thousands of evictions over the years, including evictions based on criminal activity. Please give us a call if you need help removing such a tenant from the premises, or if you require assistance with any other type of eviction. We can be reached at 925-237-9216 or toll-free at 888-441-2355. You can also reach us by sending an email to [email protected], or by arranging for a telephonic consultation by selecting the Calendly button on our website.