Landlord's Liability for Dangerous Tenants in New York State
Owning rental property can be a good investment if it is regularly occupied by paying tenants. Most landlords screen applicants before they are approved to live in the property to ensure they have a good rental history and will pay on time. If you don't run a criminal background check for a record of dangerous or illegal activity and the references you call give good recommendations, you may not know if a tenant can be dangerous to others. In addition, the applicant may not be threatening but can have a pet that is dangerous. In New York state, the landlord can be liable for the acts of tenants or their pets.
New York Law
In New York state, a rental property lease can be oral or written. To ensure that its provisions are enforceable, a written agreement is preferred. All terms agreed upon in a contract are binding for both tenant and landlord. If you want to make sure that tenants do not act dangerously to others, the lease should include a clause detailing unacceptable behaviors.
Once a provision of the agreement is violated, you can start the eviction process to prove that action was taken as soon as danger was evident, which limits the liability of the owner against harm inflicted by a tenant. If there is no clause to address the appropriate behaviors required under the lease, you may be exposed to lawsuits filed by others.
Dangerous Tenants
A landlord's liability in New York is decreased when there is no indication that the tenant is dangerous upon approval of the rental application. In addition, if the tenant is exhibiting violence toward others but you are not aware of it or have no reason to presume it, proving liability may be difficult. It is your responsibility to decrease the risk of danger from a tenant once you are notified. In New York, if the tenant's background check exposes an applicant's dangerous tendencies, the application should be rejected. If approved, the landlord can be liable for any future acts by the tenant due to knowledge of past behavior, even if current threats are not known.
Dangerous Pets
A tenant's pet can be dangerous toward others and the landlord may be responsible for any injury caused. To prove liability for a harmful pet, New York state requires that you are aware of the danger and have the power to remove the pet from the property. To minimize exposure to lawsuits, you must prove that the tenant was warned to keep the pet away from others. If you are aware that the pet has a history of violence but approve its occupancy with the tenant and do not ensure the safety of others, courts may find you liable for any injuries the pet inflicts.
Insurance
The New York State Insurance Department recommends that tenants buy rental insurance to cover personal possessions inside the property in case of fire or other damage. Some landlords may require it in the lease. In addition, owners usually carry hazard insurance to repair or rebuild the dwelling if it is destroyed. However, your standard renter and landlord policies may offer little protection against liability for a dangerous tenant or pet on the premises. Purchasing additional liability or umbrella insurance may help you avoid lawsuit expenses if injury caused by the tenant is covered under your policy.
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