Can landlords be liable for children living in unsanitary conditions?

Profile picture for Zach Harper
As a landlord, can you be held liable if you are aware that children are living in unsanitary conditions and you don't report it?  I'm not referring to any physical defect in the home itself or any illegal activity, rather a mess made by the tenants.
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April 28 2010 - US
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Answers (6)

Profile picture for nategesner
You have a responsibility to protect those that cannot protect themselves.  Contact Child Protective Services and make an anonymous report.  Stick to the facts and let it go.  They will investigate and act if anything is actionable.
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August 20 2010
Profile picture for rentlawcom
YES. Some of the problems may be the result of a bad landlord. (they do exist).

Example:
What if the plumbing was backed up or the sink - and the tenant never told you. As a result additional problems arose.

2. Some landlords forget they still own the home and therefore, failure to maintain it will:
a) result in higher costs down the road
b) may lead to the landlord being liable (health violations) if inspected or someone injured (mold, fall etc)

3. Consider Evicting the tenant. While the landlord has to maintain a "habitable" place for the tenant, the tenant also has the same repsonsibility to maintain the home in a habitable condition.

For more references, see RentLaw.com The National Landlord Tenant Guides

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August 03 2010
I agree with the answers posted already--it may not be the landlord's legal responsibility, but it is most certainly a moral obligation, and perhaps if more landlords were to step up to the plate on this one there would be far fewer slums!
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May 23 2010
I think if it is known by the landlord he should report it and make it an effort to get it fixed. I think if he does nothing he is ethically morally and legally in the wrong.
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April 28 2010
Profile picture for wetdawgs
It is getting more and more than any one with knowledge of children living in unsafe conditions has an obligation & liability to report the situation.

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April 28 2010
Profile picture for emh3
A mess by tenants could constitute a breach of contract in a lease agreement if the conditions they foster (assuming the owner turned the unit over in habitable, clean condition) could be considered unsanitary for habitation, dangerous or simply the destruction of the owners property.

If an owner is aware of such a condition and knowingly does nothing about it I would imagine that certain liabilities or repercussions based on that community, city or counties health codes would take hold if reported. Also, the owner is lowering the value of their own property while allowing a dangerous environment to continue even if done by the tenants. 

If this is the case the owner must give notice to clean things up. Depending on the area you have specific legal documents and rules that govern these sorts of things.

If no action is taken by the tenant the owner should move for eviction.

I know it sounds harsh but the fact of the matter is that being a landlord is more than just an ownership right but in actuality a bundle of obligations that extend beyond the property and should include it's inhabitants and the community at large.
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April 28 2010
 

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