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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15760
Experience:  Licensed General Practice Attorney, Texas
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I own a condo in Ocean City MD. I rent weekly during the summer.

Customer Question

I own a condo in Ocean City MD. I rent weekly during the summer. Am I legally responsible for the actions of my renters? If my renters destroy property other than mine am I responsible. Am I responsible to the condo board of directors for infractions to condo rules and regulations. If I am called to respond to a complaint about my renters, do I have the right to speak with the complain tent to get all the facts. Do the renters have the right to know who filed the complaint.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.
Thank you for using JustAnswer.
Per your questions:
Am I legally responsible for the actions of my renters? - Not necessarily. That is, generally speaking you're not. But if you have a good reason to know that a certain action is reasonably foreseeable, and you take no preventative measures, you could potentially be responsible. For example, if you rent to a known child molester, and he molests the kid next door, you potentially could be sued for damages. You would not have criminal responsibility, but could (in specific situations) potentially have civil responsibility. The general rule is, however, that you won't.
If my renters destroy property other than mine am I responsible. - Same answer as above. Generally speaking no. It's only if you could reasonably foresee that.
Am I responsible to the condo board of directors for infractions to condo rules and regulations. - That depends upon the actual wording of the bylaws and CC&Rs of the condo association. While the law doesn't impose "vicarious liability" on a landlord in most instances, a private contract (which is what bylaws and CC&Rs of a COA is) could. So in the absence of a provision, you would not be liable. Now to the point that it is something that could be assessed against your unit, while you personally would not be liable, in effect you would be because you would need to pay the fine. So it's really a technicality that you wouldn't be liable if it was a fine or other assessment that could go against your unit. Now in such a situation, you could go after the tenant, and that's a reason that you would want a deposit that you could collect against.
If I am called to respond to a complaint about my renters, do I have the right to speak with the complain tent to get all the facts. - There's no legal "right" to do this. Again, bylaws and CC&Rs could have something different, but the "right to face your accuser" only applies to when the government is acting and trying to put you in jail (i.e. criminal proceedings) or if someone is suing you in court.
Do the renters have the right to know who filed the complaint. - No. Now if they contest the matter and the COA is trying to evict or file fees, etc... then it could go to court and they would then have to prove their case, which would require evidence regarding the complaint, as well as evidence showing that the complaint was meritorious (i.e. the actions that were complained about would have to be proven).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacESQ replied 1 year ago.
Did you have any other questions before you rate this answer?