If a landlord knew or should have known of activities by the tenant that could cause a danger or nuisance, i.e., damage to neighbors, to surrounding property owners, or even to a passerby, then the landlord can be held liable for tenant bad acts. See Klimkowski v. De La Torre, 175 Ariz. 340 (1993).

In the Klimkowski case our court ruled that the landlord knew or should have known of the tenants’ recklessness with regard to gasoline and incendiary devices on the rental property.  Therefore, the landlord was liable for damage caused by an explosion on the rental property. As to ‘should have known’, real estate investors who own rental property should regularly visit the rental property to assess the condition of the rental property and confirm that the tenants are not committing bad acts.

We have worked with landlords all over Arizona to help them assess and reduce potential liability. Please call us at 602-319-6899 to discuss any real estate questions.

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