No landlord wants the headache and potential liability of a renter disturbing the reasonable peace of other occupants. But when tenants do behave badly, does the responsibility fall on the owners? Can a landlord be held liable for nuisance tenants?
Landlords might be liable if they fail to address disruptions from their own tenants after being notified by the affected occupants.
This article explores essential questions about landlord duties, nuisance definitions, managing complaints, and proactive prevention. Read on to learn the steps property managers and landlords should take to minimise risks.
The Landlord’s Duties and Obligations Regarding Nuisances
Under Australian law, traditionally, a tenant complaining about disturbance from another renter had limited options for holding the property owner accountable unless the landlord actively participated in creating the nuisance.
However, a court decision in Queensland established that a property manager who fails to take reasonable steps to address and control a disruptive occupant could potentially be held liable. In this case, they would be breaching the covenant of quiet enjoyment owed to other tenants.
Lease Clauses
Standard lease agreements in Queensland usually contain clauses prohibiting tenants from engaging in activities that could disturb occupants in adjacent premises. So renters must refrain from holding loud late-night parties or having disruptive friends over.
However, leases also often contain language suggesting landlords provide “quiet enjoyment” of the property. This shared obligation indicates that liability for nuisance issues doesn’t rest solely on the problematic tenants.
Taking Action Against Nuisance Tenants
While leases establish behaviour standards, they rarely spell out clear consequences for violations. Naturally, landlords don’t want to get caught up in these sorts of disputes between tenants. But sometimes they have to.
To avoid potential liability for failing to address tenant nuisances, some landlords and property managers might need to issue formal notices detailing the unacceptable conduct and requiring corrective action. If the tenant ignores such notices, landlords can take legal action.
Nuisance Caused by the Landlords
Landlords’ duties usually don’t stop at addressing disruptions caused by their renters.
They also need to make sure they aren’t causing nuisances, either. This means not interfering with their tenants’ reasonable peace and privacy while living in the unit.
Defining Nuisance Tenants: What Constitutes Nuisance to Neighbours
Nuisance is technically one of the three categories of disruptive behaviours defined by the Queensland government.
Nuisance covers activities that might occasionally occur in a normal household but still infringe on other occupants’ reasonable peace or privacy.
Excessive noise, for instance, is a common nuisance. This includes loud televisions/music or parties beyond reasonable hours or violating local regulations. Multiple nuisance complaints requiring police intervention also fall into this classification.
Other examples potentially constituting nuisances include:
- Using paints or other chemicals that transfer smells or residues onto neighbouring properties
- Allowing substantial water runoff or leaks onto adjoining land
- Pet noise or other animal disturbances that affect quiet enjoyment. Yes, renters typically bear responsibility for any nuisance resulting from pets on the rental premises!
Property managers in the city of Ipswich might consider smoke and excessive light/glare nuisances as well. The city government does have exceptions for barbeque open fires, though. So, “smoke” mostly refers to problematic behaviours like burning waste in your backyard.
That said, it’s important to note that nuisance isn’t necessarily the same as disorderly conduct. Nuisance represents civil action between private parties related to property enjoyment. On the other hand, disorderly conduct means committing an offence under the criminal code.
How to Deal With a Nuisance Complaint Against Your Tenant
Each situation is different, but here are some steps to help you out if other occupants start complaining about your tenant:
Investigate the Details of the Nuisance Claim
Gather specifics about the offending behaviour from the complaining party. Ideally, you want to know the time, frequency, and type of disturbance.
Discuss With the Tenant
Have a conversation explaining the grievance and that their conduct interferes with the reasonable enjoyment of surrounding neighbours.
The nuisance tenant may be unaware, and a simple, polite discussion could fix the situation.
Send a Formal Warning
For ongoing issues, you might need to provide written notice advising the renter that further complaints will require formal action. An experienced property management company can handle notifications professionally if you’re not sure how to proceed.
Just keep in mind that dealing with non-responsive renters can be complicated, from breach notices and court filings to disposing of any belongings left behind.
Review Your Insurance Policy
Double-check that you have appropriate landlord insurance coverage for property damage and liability claims.
3 Tips for Avoiding Problematic Renters
Rather than only reacting to complaints, savvy property managers and landlords proactively work to prevent such problems from arising.
Read further on what landlords look for in a tenant, otherwise here are some prevention strategies to help you avoid troublesome tenants:
1. Do Rigorous Background Checks
Carefully vetting all rental applicants helps you catch potential red flags. Comprehensive screening also limits owner exposure to liability for renter actions.
2. Revise Your Lease Agreements
Make sure the authorised activity on the premises is aligned with property zoning guidelines. Then double-check that you have clauses on nuisance in there.
Unfortunately, this doesn’t eliminate the liability risk completely. Leases permitting uses with high nuisance probability could still expose property owners to action from unhappy neighbours. So, you need to look at the neighbourhood norms and identify areas of risk.
3. Know the Common Areas of Risk
Pets can bring substantial liability for owners with bites and excessive noise. It could help to outline pet policies and restrictions clearly in your lease.
Final Thoughts
While no perfect playbook exists to prevent nuisance claims, careful screening, well-crafted rental agreements, clear expectations, and quick intervention when issues do arise can go a long way.
If you still need help dealing with a difficult tenant, feel free to reach out to our team of property management experts.