When a crime has been reported involving a tenant, an apartment manager must take careful and measured steps to address the situation, ensuring compliance with the law and proper enforcement of the tenant’s obligations under the lease. Due diligence is required on part of the property manager not only to enforce the lease agreement but also to avoid liability for not handling the situation properly. Here’s a step-by-step guide on what an apartment manager should do to properly and legally handle such a situation:
1. Determine if Crime Happened
Confirm the Facts: Ensure that the crime has been officially reported to law enforcement. If there is a witness or victim to a crime, you should encourage that person to contact the police authorities, and if that person is unwilling to report the crime, you may need to report to the police what was reported to you. It’s important not to rely solely on hearsay or rumors. The report must be apparently reliable and credible. Once the crime has been reported to police, obtain a copy of the police report or confirmation from the authorities if possible and as soon as possible.
Investigating: If you, as the property manager, need witness statements and evidence to determine whether a tenant has committed a lease violation, stay within the normal business policy and procedure when requesting or gathering information from witnesses. Ask witnesses to come into your office to give verbal statements (get the witness permission to record the statement, but if the witness doesn’t consent to a recording, do not record) or sign a written statement; ask onsite of offsite contractors or personnel (e.g. maintenance or security personnel) to provide you with information or statements they’ve learned while onsite or interacting with persons onsite); check video footage for helpful information; and ask neighbors who may have information about the incident to provide you with statements.
While you are not serving the role of a police officer, you still need to use due diligence to learn of what happened as much as you’re able. In any case, never put yourself in a dangerous situation, so if you need a police escort in certain situations, contact the police authorities to assist.
Burden of Proof: Keep in mind, at an eviction hearing, the landlord has the burden of proving the lease violation, and the burden is “beyond the preponderance of the evidence” (more likely than not), so the evidence and witnesses used to prove the lease violation must be credible and carry the weight of the landlord’s burden of proof.
2. Review the Lease Agreement
Review the lease for provisions related to criminal activity, nuisance behavior, or illegal conduct. Many leases include clauses that allow for eviction or other actions if a tenant engages in illegal activities. Common clauses include prohibiting illegal activity on the property, maintaining the quiet enjoyment of other residents, or not violating local, state, or federal laws.
3. Understand Legal Obligations and Protections
Fair Housing Act Compliance: Ensure that any actions taken comply with federal and state laws, including the Fair Housing Act. Avoid taking discriminatory actions based on race, religion, national origin, sex, disability, familial status, or other protected classes.
State-Specific Laws: You must comply with applicable federal, state and local landlord-tenant laws, which impact your ability to take action and the manner in which you handle the situation. Consult your landlord-tenant attorney to ensure you are taking proper steps to handle a reported crime on your property.
Victim Protection Laws: Be cautious if the crime involves domestic violence, stalking, or sexual assault, as laws may protect tenants who are victims of crimes. Victims of such crimes may have rights to terminate the lease, bifurcate the lease, or avoid eviction. See our article on the Basics of the Violence Against Women Act.
4. Notify the Tenant in Writing
Written Notice: If you have received heavy enough evidence to prove (by probability) that the tenant committed a crime in violation of the lease agreement, take the needed steps to enforce the lease agreement and if appropriate, to terminate the tenancy, including delivering written notice to the tenant about the crime. The notice must comply with legal sufficiency requirements and should at a minimum:
- Detail the facts of the violation.
- Cite the relevant lease provisions that may have been violated (e.g., illegal activity clause).
- Notify the tenant of what is required of the tenant (e.g., termination of the lease, date to vacate, consequences of failing to comply, etc.).
- Give the tenant the legally required number of days’ notice to cure the violation or terminate (non-curable violation).
Avoid Waiver: Be sure that you do not waive your right to evict the tenant for a criminal violation by accepting rent or in the case of a subsidized tenant, not “instituting action” within 45 days of your knowledge of the violation. See F.S. 83.56(5)(c) and our article on Instituting Action within 45 days of knowing of the violation.
5. Cooperate with Police
If police are investigating a crime or arrested the tenant, cooperate with the police authorities while maintaining confidentiality and professionalism. Provide any documentation or information legally required but avoid overstepping into privacy violations. In some cases, law enforcement may provide documentation or testimony to support eviction efforts, particularly if the tenant is arrested or convicted of a crime, but if an eviction hearing is required, police officers (and other witnesses who do not voluntarily appear in court) will need to be subpoenaed to appear at court.
6. Assess the Need for Immediate Action
If the crime is severe and poses risks of damage, injury or death (e.g., drug dealing, violence, or other serious illegal activity), you should initiate eviction proceedings as quickly as possible but be sure to have sufficient evidence to proceed with termination of the lease, as you do not want to lose an eviction based on a serious crime. Follow your jurisdiction’s specific legal requirements for eviction, including providing proper notice and filing with the court if needed, and consult your landlord-tenant attorney.
7. Compile and Maintain Documentation
Document all communications, notices, and interactions with the tenant related to the reported crime and with witnesses who have information about the reported crime. Keep copies of the police report, written complaints from other residents (if applicable), and any notices sent to the tenant. If you have video footage of relevant incidences, download those files so that they are not written over or lost. This documentation will be needed and important to produce to the court if the situation leads to eviction proceedings or legal disputes.
8. Communicate with Other Tenants
While it is important to address other tenants’ safety concerns, do not disclose personal details about the tenant accused of the crime, as this can violate privacy laws. Provide general reassurances to other tenants about safety measures being taken and encourage them to report any suspicious activity.
9. Consult an Attorney
Consult with an attorney who specializes in landlord-tenant law. Legal guidance is critical to ensure you’re acting within the law and to help navigate complex legal issues like eviction prosecution, fair housing compliance, victim rights, or tenant protections under local laws.
Safeguarding Property and Rights When Tenant Crimes Occur
In conclusion, when a crime involving a tenant is reported, a property manager must handle the situation carefully, ensuring compliance with both the law and the lease. By following a structured process—verifying the report, reviewing the lease, and understanding legal obligations—managers can take appropriate actions, such as notifying the tenant, cooperating with authorities, and initiating eviction if necessary. Maintaining proper documentation and seeking legal advice throughout the process are essential steps to safeguard both the property and the legal rights of all parties involved, ensuring that any actions taken are fair, lawful, and well-supported.
Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.