Who is correct, lawbook or cop?

Question

I recently read a landlord law book which stressed, although landlord should stay out of domestic/roommates disputes, that if a tenant's life or health was in serious danger from violent/spouse or roommate, landlord might be liable if they do nothing.

The book recommended landlords learn how to get a restraining order so they can advise a potential victim to get such an order how to do it.

But a cop at a local police station told me that was a bunch of baloney and my best bet was to keep entirely out of such situations, and not even give advice.

Who is correct here?

Tom C · Answer

If you have two parties arguing and disturbing the peace in one of your rentals to the point that your neighbors are being troubled. Then you would handle it just like any other disturbance. You will warn THEM and if it continues you will evict THEM. It doesn't matter to you who is responsible. That is not for you to decide. You are only providing a home to someone to live in. If either party is being threatened, they need to contact the police and get the TPO, Not you. You don't concern yourself with evicting someone, you don't have to. If one of the parties takes out a TPO against another, they are no longer allowed on the property. Not because you say so, because the courts say so. You don't enforce the TPO either. That is for law enforcement to take care of.

Out of all the domestics that I have handled, I don't think I have ever seen a landlord get involved. Don't make that mistake.

Aaron Catt · Answer

I know tenants can be un-predictable, but who are you guys renting to?

An ounce of prevention=A pound of cure.

Mark Hu · Answer

We have a property which had been designed for the 'party crowd' in a party area. We can't seem to avoid running into soap opera cases on a regular basis.
Also we sometimes get a rare surprise from among our 'normal' tenants.

Mark Hu · Answer

So the message here is listen to the cop!

I have indicated in an earlier post that I do agree with most of you, interfering in a domestic situation is VERY BAD.

One last question: 'The book' mentions one should begin eviction proceedings against either the aggressor or both parties involved in the domestic dispute. Correct?

Just Don · Answer

The LARGEST concern of police men are the large number of cops "SHOT" while dealing ith domestic situations.

Dont get invovled or that MAY shift to you.  it ONLY takes once.

Brains are far removed in domestic situations and MOST of those are fueled by drugs and booze,,,most are high as a kite or drunk as a skunk,,,so reason and sanity are OUT the window.

Nobody is safe around them,nobody. Make the call,you did what you COULD do!!

Account Closed · Answer

Calling the police when appropriate is not doing nothing.

John Andre · Answer

Call from your cell as you drive away. The call is logged and can be proof of "doing something"

John Andre · Answer

In this culture of blaming everything on the other guy, I would not even get involved. But, If I heard a man betting a woman, or wife, I would 911 it in a heart beat. Anomalously, of course!

Mark Hu · Answer

The books is 'Every Landlord's Legal guide' by Marcia Stewart.

Of course I don't want to get shot for getting involved in someone else's soap opera. But the book does mention the landlord being 'liable' if he knows a tenant is in danger and does nothing.

If true that puts one between a rock and a hard place, doesn't it?  Fortunately things like that only come up once every 2 or 3 years!

Mark N.A · Answer

What book was that?