The Wellington formerly Parkwood Place Apartments
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How Professional.
From: bruce_morris@verizonmail.comDate posted: 4/27/2002
Years at this apartment: 2000 - 2002
Well, when I first moved in it seemed a pleasant atmosphere to raise Children.
Twice my children have brought me sacks of an Illegal substance?s they have found just lying on the ground.(one baggie of marijuana)(one baggie of heroine)
The guy up stairs beat his wife, goes to jail, and the apartment manager asks me
what is going on.
Not the party evolved.
And it would seem if we know a woman is being beaten then he shouldn?t be letting him back on the property. We can stop the violence if we want to.
We have frequent visits from the police, for one certain apartment, for Drug use. This is a strict violation of the lease agreement, but is allowed to continue.
There are other Drug use violations the Police have been called for, but the manager says, they are not responsible.
This once again is a clear violation of the lease.
Assaults are frequent, sad to say it is mostly the Children 15 to 18 trying to assault adults.
A number of calls have been made to the Police for this, but still the management allows it to continue. This is a violation of the safety code, and the apartments will be held liable in the event of an injury.
Attached is just some legal info about this type of conduct by the management.
Can a law-abiding citizen end up financially responsible for the criminal acts of a total stranger' Yes--especially if it?s a landlord who owns rental property where an assault or other crime occurred in the past. Rental property owners are being sued with increasing frequency by tenants injured by criminals, with settlements and jury awards typically ranging from, 000 to million.
What are the landlord?s responsibilities for tenant safety and security'
Landlords in most states now have at least some degree of legal responsibility to protect their tenants from would-be assailants and thieves and from the criminal acts of fellow tenants. Landlords must also protect the neighborhood from their tenants? illegal activities, such as drug dealing. These legal duties stem from building codes, ordinances, statutes and, most frequently, court decisions.
How can a landlord limit responsibility for crime committed by strangers on the rental property'
Effective preventive measures are the best response to possible liabilities from criminal acts and activities. The following steps will not only limit the likelihood of crime, but also reduce the risk that the property owner will be found responsible if a criminal assault or robbery does occur. A landlord should:
Meet or exceed all state and local security laws that apply to the rental property, such as requirements for deadbolt locks on doors, good lighting and window locks.
Realistically assess the crime situation in and around the rental property and neighborhood and design a security system that provides reasonable protection for the tenants--both in individual rental units and common areas such as parking garages and elevators. Local police departments, the landlord?s insurance company and private security professionals can all provide useful advice on security measures. If additional security requires a rent hike, the landlord should discuss the situation with his or her tenants. Many tenants will pay more for a safer place to live.
Educate tenants about crime problems in the neighborhood, and describe the security measures provided and their limitations.
Maintain the rental property and conduct regular inspections to spot and fix any security problems, such as broken locks or burned out exterior flood lights. Asking tenants for their suggestions as part of an ongoing repair and maintenance system is also a good idea.
Handle tenant complaints about dangerous situations, suspicious activities or broken security items immediately. Failing to do this may saddle a landlord with a higher level of legal liability should a tenant be injured by a criminal act after a relevant complaint is made.
The Costs of Crime
the money a landlord spends today on effective crime-prevention measures will pale in comparison to the costs that may result from crime on the premises. The average settlement paid by landlords? insurance companies for horrific crimes such as rape and assault is ,000, and the average jury award (when cases go to trial) is .2 million.
What kind of legal trouble do landlords face from tenants who deal drugs on the property'
Drug-dealing tenants can cause landlords all kinds of practical and legal problems:
It will be difficult to find and keep good tenants and the value of the rental property will plummet.
Anyone who is injured or annoyed by drug dealers--be it other tenants or people in the neighborhood--may sue the landlord on the grounds that the property is a public nuisance that seriously threatens public safety or morals.
Local, state or federal authorities may levy stiff fines against the landlord for allowing the illegal activity to continue.
Law enforcement authorities may seek criminal penalties against the landlord for knowingly allowing drug dealing on the rental property.
In extreme cases, the presence of drug dealers may result in the government confiscating the rental property.
How can a property owner avoid legal problems from tenants who deal drugs or otherwise break the law'
There are several practical steps landlords can take to avoid trouble from tenants and limit their exposure to any lawsuits that are filed:
Screen tenants carefully and choose tenants who are likely to be law-abiding and peaceful citizens. Weed out violent or dangerous individuals to the extent allowable under privacy and anti-discrimination laws that may limit questions about a tenant?s past criminal activity, drug use or mental illness.
Don?t accept cash rental payments.
Do not tolerate tenants? disruptive behavior. Include an explicit provision in the lease or rental agreement prohibiting drug dealing and other illegal activity and promptly evict tenants who violate the clause.
Be aware of suspicious activity, such as heavy traffic in and out of the rental premises.
Respond to tenant and neighbor complaints about drug dealing on the rental property. Get advice from police immediately upon learning of a problem.
Consult with security experts to do everything reasonable to discover and prevent illegal activity on the rental property.
Protecting Tenants from the Manager
Rental property owners should be particularly careful hiring a property manager--the person who interacts with all tenants and has access to master keys. Landlords should scrupulously check a manager?s background to the fullest extent allowed by law, and closely supervise his or her job performance. A tenant who gets hurt or has property stolen or damaged by a manager could sue the property owner for failing to screen the manager properly. If tenants complain about illegal acts by a manager, landlords should pay attention. Finally, property owners should make sure their insurance covers illegal acts of their employees.
This is all I have at this time, but be sure not the last.
Overall recommended: No
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