Tenant leaving. Should we disclose the reason why to new tenants?

Question

Over the past few months, our tenant has been harassed by a stranger in the area (stalking, climbing onto her balcony, trying to get into her car while she's in it). The Police have been involved but unable to catch him and put a stop to it.

After another altercation just the other day, she's at the point that she can't be comfortable anymore and wants to break the lease (which we will allow).

The real question that I have now is how to handle this in the upcoming new tenant screening? Should we disclose it? My hope is that he is caught before then and this can all be put to bed, but I'm not too optimistic.

Nathan Gesner · Answer

I also disagree. You have a responsibility to protect the privacy of your renters. The fact that she's being stalked has nothing to do with your rental, and probably doesn't even reflect on the neighborhood. It sounds like a personal issue that will likely disappear when she moves out.

And that's my second point. The stalker is after her, not your apartment or the neighborhood. It shouldn't affect the next renter so it needn't be disclosed.

Check state/local laws just to be sure.

Maurice D. · Answer

Call the PD and ask if you can advertise your unit for  police officers (with the disclosure) with a nice discount, and he/she will season the unit back into healthy status after 6 months or so :)

You know, like the community officer for large apartment buildings..

Jon Martin · Answer

Thanks Account Closed - I agree, this would certainly open us up to liability. Thank you for providing a sanity check on my gut-feeling!

Good point: "Those without buck knives need not apply". I think you just expedited our search.

Account Closed · Answer

That is a very serious situation as you know. I would tell prospective renters and let them make their own decisions. I think you are opening yourself up to a serious lawsuit if you withhold information like that. Your renter will turn out to be a big, buff guy who knows how to handle a buck knife.

Theresa Harris · Answer

My guess is it has to do with the tenant and the person had unfortunately targeted her.  I also like the idea of posting the unit for rent at targeted locations (fire hall, police station).

Have you thought about putting up cameras?

Anthony King · Answer

@Jon Martin I disagree with other posters. Why would you need to disclose it to a prospective tenant? Is this criminal stalking the home you are trying to rent? Do you have to disclose a mugging that happened two blocks away last week? Or that a neighbor got arrested for a domestic dispute? This alleged criminal is harassing a resident of the community, it has nothing to do with the home you are making available to rent. If this person is stalking and harassing any person who dares to live in your particular house then MAYBE that's a different story. In that case you personally have other things to worry about. It's not your obligation to disclose every civil disturbance that happens within a 5 mile radius of the home. If the home itself is attacking its inhabitants, then I would disclose that.

Account Closed · Answer

Your Comment: "Also I believe it is against fair housing laws" He is in Canada. The laws are different there, but it's a good point to find out what the law is.

Ishmael Johnson · Answer

There’s creeps everywhere. How is it the landlords duty to control that. It’s an negative externality aside for maintaining the property. To prevent something like this a male would be a better tenant. But in most of these areas where we buy low it’s usually due to the area not being the best. The tenant made the right decision to leave cause a lot of those interactions/stalking lead to irreversible situations. But anything taking place outside the properties doors is hard to control. Cameras will catch a crime not prevent it.

Patrick Hancock · Answer

@Jon Martin

This has nothing to do with your property so need not disclose.  Let your tenant move out and find someone new.

Scott Mac · Answer

Hi Jon,

Maybe post a note up at your local strongman gym, explaining the situation and offering 2 free months rent on a 12 month lease.

If Mr. Stalker tries to get into Mr. Weightlifters car, my guess is he will get out quickly.

But "DON'T Hire a Vigilantle", just rent to someone who's not afraid of men on the street, and may stay as a long term renter.

Because Mr. Stalker isn't interested in harassing someone who could twist him up into a pretzel, with the right renter he will probably not come around again.

Good Luck!

Tenant leaving. Should we disclose the reason why to new tenants?

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