Blog Layout

Can a Landlord be Held Liable for Nuisance Tenants?

Juan Martinez • March 15, 2022
man and woman retrieving keys from realtor

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. 

Blog

November 26, 2024
A lot of people think property managers just sit back, relax, wait for the phone to ring, collect rent, and that's it. My name is Jorge Rodriguez, president of Americana Property Management in Las Vegas, and I want to show you what really goes on behind the scenes in property management. Should You Hire a Property Manager? Whether you own one property or twenty, there comes a point when managing everything yourself becomes overwhelming. At Americana Property Management, we typically help owners who: Own multiple rental properties and can't keep up with all the demands Live far from their Las Vegas investments Want their rental income to be truly passive Don't want to deal with hiring maintenance staff and contractors Can afford to invest 8-12% of their rental income into professional management The cost of property management isn't just an expense - it's an investment in protecting your property and maximizing its value. Let me show you exactly what I mean. How We Protect Your Investment A lot of owners don't realize how much liability they take on when they self-manage. At Americana, we: Stay current with all landlord-tenant laws Use legally-sound lease agreements that protect your interests Handle evictions professionally when needed Document everything to protect you from false claims Maintain detailed records of all income and expenses Take care of tax documentation Most importantly, we act as a buffer between you and your tenants. When there's a challenging situation - like late rent or lease violations - we handle it professionally so you don't have to be the "bad guy." How We Find Qualified Tenants The number one thing is making sure we find a qualified applicant for your home. At Americana Property Management, we market homes on over 50 websites, including: Zillow Trulia Realtor.com Apartments.com We also list properties on the MLS and work with other realtors to show our homes. We've found that applications from realtors tend to be better because the realtor pre-qualifies them before showing homes. Our Tenant Screening Process When we receive applications, we put them through a very strict verification process: Background checks Credit checks Rental history verification Employment verification Reference calls We want to make sure the person we're putting inside your home is going to pay rent on time and take care of the property. This verification process is vital to successfully managing your property. Once we complete the verification process, we always reach out to the owner with our findings and get their final approval before moving forward. The Move-In Process Setting Up the Lease We draft up a landlord-friendly lease agreement that protects everyone involved - the owner, the property management company, and the tenant. This gives us a legal binding contract that we all must abide by, preventing any misunderstandings in the future. Move-In Orientation Other property management companies might call this a move-in inspection, but we take it a little further. We: Document the condition of the home with pictures Demonstrate how the home functions, including: Where to shut off water if there's a leak How to reset breakers How to reset a GFCI How to relight a water heater How to change filters How to change batteries in smoke detectors and thermostats Ninety-five percent of work orders are very small and something the tenant can take care of. By showing them how during the move-in orientation, we save our owners money on unnecessary maintenance calls. How We Handle Day-to-Day Property Management Rent Collection We make sure rent is collected by the first of the month. Tenants have until the third to pay with no late fee - that's their grace period. On the fourth, they're charged a 5% late fee. If a tenant still doesn't pay rent, we start serving legal notices and ensure we follow through on our collection efforts. Maintenance and Repairs Tenants can submit work orders through our online portal - the same place they make rent payments. When we receive a work order: We inform the owner We dispatch our vendor to diagnose and repair the issue If the cost exceeds our approval limit, we contact the owner so we can make the right decision together Our vendors provide us discounts because of the volume of work we give them. These savings get passed on to our owners - you're getting highly qualified vendors for less than what you'd pay finding someone through Google. Working with Home Warranty Companies If you have a home warranty, we handle everything: Filing the claim Coordinating with the tenant Making sure the vendor goes out Following up to ensure everything is working properly HOA Violations If your property receives an HOA violation: For tenant-caused issues: We contact the tenant and ensure they fix the violation For owner responsibilities: We communicate with you, get bids if needed, and help choose the right vendor to resolve the issue How We Save You Money with Our Vendor Network One of the biggest advantages of working with a professional property manager is our vendor relationships. At Americana Property Management: We have trusted vendors for every type of repair and maintenance Our vendors give us significant discounts because of our volume We only work with licensed, insured professionals We know which vendors do quality work at fair prices We handle all vendor coordination and payment Think about it: When you search for a plumber on Google, you're paying retail prices and taking a chance on quality. Our vendors know they'll get consistent work from us, so they give us better rates - and those savings get passed directly to you. How We Keep You Informed We believe in complete transparency with our owners. Through our online portal, you can: See real-time updates on rent collection Review maintenance requests and approvals Access monthly financial statements Track property performance View all property-related documents Every month, you'll know exactly: How much rent was collected What maintenance was performed Any upcoming expenses or needs Your property's bottom line We take care of your property like it's our own, and we make sure you always know what's happening with your investment. The Lease Renewal Process We start the renewal process 90 days before the lease expires. During this time we: Compare similar properties to see if a rent increase (usually 3-5%) is justified Inspect the property to ensure it's being properly maintained Review the tenant's payment history We take all these factors into consideration before offering a renewal, and we always get your blessing before moving forward. Most of our initial leases are for one year. This gives us flexibility - if a tenant isn't paying on time or taking care of the home, we can give them a 30-day notice to vacate instead of renewing. However, when we do find good tenants, they tend to stay in our properties between 3 to 5 years. We really try to find long-term tenants so you can make consistent income from your investment. Looking for Property Management?  Our main focus is making sure your interests are taken care of. You collect a nice check every month, and we handle all the headaches. If you have any questions about how we can help manage your property, you can reach us at 702-719-2100 or email us at pm@americanapm.com.
row of block homes on white table
By Juan Martinez June 29, 2022
While property managers and HOAs sound like they might do the same job, they're different types of management. Use this guide to learn more.
las vegas neighborhood with view of las vegas strip
By Juan Martinez February 9, 2022
Rental properties in Las Vegas are a business with serious revenue potential. Let's dive into the 10 reasons to hire a professional property manager in Las Vegas.
smiling business woman holding up keys
By Juan Martinez October 28, 2021
Landlords and property managers are two very different entities. Understanding the difference between the two can be critical for people. Learn more.
couple embracing with woman holding keys
By Juan Martinez October 6, 2021
Retaining your tenants is often more important than bringing in new ones. In fact, it could cost you much more! Learn how to improve your tenant retention.
person writing on clipboard with house
By Juan Martinez August 25, 2021
How can you ensure you hire the right property manager? Read on to learn questions to ask before hiring someone capable of managing your investment property.
smiling man and woman shaking the hand of businessman
By Juan Martinez August 3, 2021
We have many decades of data on what makes a good tenant, warning signs for bad tenants, and how to fairly choose between good applicants. Read to learn more.
easy home renovations for rental property
By Juan Martinez July 6, 2021
There are many ways to renovate a rental property on a modest budget to keep your homes attractive and up-to-date for local residents.
woman looking at kitchen sink
By Juan Martinez May 18, 2021
There are common property maintenance issues. Here are the common problems and how you can go about dealing with them.
renters insurance paper and house key
By Juan Martinez April 21, 2021
Despite renter's insurance costing less than a delivered pizza per month, less than half of the total renting population has taken out this important insurance.
More Posts
Share by: