Landlord's responsibility for tenant’s action

Social Worker

 

Landlord Responsibility for Tenant’s Action

 

A tenant took on lease premises for SPA business. The rent agreement contained a special clause that the responsibility of ensuring all law related compliances and procedure would be that of the tenant

However the Police conducts a raid and book the tenant fo some purportedly immoral activities going on in the SPA. The Police books the Landlord along with the Tenant

 

Queries

1. How can the landlord be held responsible for what is going on in the tenant’s premises particularly when the agreement has a clear stipulation that the entire compliance related responsibility is that of the tenant

 
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Advocate

The police or other law enforcement officers may try to impose criminal liability on the landlord if the landlord knowingly allowed the activities on the rental property.A landlord usually has a duty to protect the neighborhood of the rental property from the criminal acts of his/her tenants.

 
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Social Worker

The landlord has signed an agreement with the Tenant and in the agreement it is clearly stipulated that it will be tenants responsibility to ensure compliance and follow all rules related to his profession Secondly, teh Landlord has also asked the Police to conduct a verification check on the tenant. With these precautions how can a Landlord be implicated in case something wrong happens in the premises rented out?Obviously the landlord cannot supervise or control the happenings inside the tenant's premises Comments of fellow members invited
 
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Advocate,9444674980

what is the authority to raid that place, when IF THE SAID SPA was licensed properly to carry on such business, Try to contest the same rather charges of the police. Coming to main issue land lord do have certain responsibility, in this case the prosecution has to prove that said immoral activities was going on with the blessing of land lord. If i am right we have Madras High court judgement in this regard, which will be self explanatory.

 
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Advocate

I agree with Raghavan Sir. 

A landlord usually has a duty to protect the neighborhood of the rental property from the criminal acts of his/her tenants.

Since in this case the landlord has signed an agreement with the Tenant and in the agreement it is clearly stipulated that it will be tenants responsibility to ensure compliance and follow all rules related to his profession.

So, here the landlord normally is not liable for the actions of his tenants , unless he directs them to do something that results in liability, if he allows the tenants to create a nuisance on the property, he may be liable along with the tenants.


If neighbors named the owner of the property under the theory that a destructive nuisance on the adjoining property was causing harm to the locality and therefore the property owner, who allowed the nuisance to occur, shares legal liability for the damages.

In this case, the Landlord proactively has asked the Police to conduct a verification check on the tenant, then, i don't think any negligency had occured in landlord's part.

I will go with the suggestion provided by Raghavan Sir i.e "contest the same rather charges of the police". 
Police do such steps only to earn some extra money. :)

Regards,
Ekta

 
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