Can landlords be held liable for a tenant's guest's negligence?

[jkfogs]

We have rented to a young couple. They have friends over on week-ends (and now starting during the week) for socializing. The gatherings are become larger and there is more and more in drinking resulting with the guests becoming intoxicated. Gatherings are getting more rowdy and ending later and later. We have addressed the rowdiness and in the past, the guests have stayed overnight but with the larger groups we have now decided to put a stop to it. Problem is, we are worried about the young guests (legal age) leaving under per our our rules and then possibly getting into an accident. Are we liable if they leave our property intoxicated and if yes, how do we protect ourselves? The partying has to stop or get tuned down. We plan to enforce our quiet enjoyment clause of the lease but need help with setting the parameters for their 'social gatherings'... thank you in advance

 

[army judge]

You need to tread cautiously.
You can't tell your tenant who can be their guests, or how many guests they can have.
You can call the police, if you believe a disturbance is occurring.
The police will determine who leaves the premises.
That is not a role you wish to play.
But, after a number of calls to the police for loud parties, you'll have to go to court to seek their eventual eviction.


If their lease is nearing an end, just give them termination (notice of nonrenewal) of their lease.
That'll be quicker in the long run.


You might have to evict them anyway, if they fail to honor your nonrenewal of lease notice.

 

[mightymoose]

I differ with the above. Who comes and goes from the property and when they do so is something for landlord and tenant to work out.
Police will not be of much help unless there is a crime taking place, and even then only those in violation would be removed.
The tenant has a right to invite guests but does not have a right to disturb the quiet enjoyment of property of those around them. That is a landlord/tenant issue.
If you have a clause in your lease that applies then use it.
As for liability I would say you are more likely to have a problem if you allow this to go on. You will not have any responsibility if you boot people out.

 

[jkfogs]

I agree with your advice on the police. We live adjacent to the rental and have lived in this quiet neighborhood for 25+ years. We don't want the police being called. Other than this problem, they are great tenants and don't want to evict... far from that. The tenants have been responsible for the most part in not letting the guests leave intoxicated... but, that is part of the problem. They ALL stay over night, cars up and down the street.. it's too much. I need to know, if we tell them no more sleep-overs yet the partying continues (which most likely will) and the overnight guests leave our property intoxicated, get into an accident, are we liable as property owners for allowing the partying, even though they are of legal age?

 

[mightymoose]

Your tenant wont be obligated to honor your request to stop the sleepovers, but you can certainly ask.
No, you have no responsibility for those who leave intoxicated.
If you have a clause in the lease you can enforce then use it. If the tenant does not comply then don't renew the lease. Give them proper notice and start looking for a better tenant.