Liability for illegal tenant activity?

[stephop]

My wife and I own several rental properties in Georgia. For some time, and for various reasons, I have suspected that one of our tenants is a prostitute. Recently my wife and I were able to confirm this by searching her nickname and cell-phone number on Google and finding a series of ads that she posted on Craigslist. The ads contain racy photos, some of which are nude, including one taken in the garden tub of the master bedroom of our rental house. The ad clearly states her hourly incall and outcall rates. So it is clear that our suspicions were accurate.

On the one hand, if she continues to pay her rent on time and does not cause problems with her neighbors, I am inclined not to interfere. On the other hand, if we could somehow be considered liable for her illegal activities on our property, we need to stop this tenancy.

Are we exposed to any liability? If so, how should we handle this situation?

Thanks in advance for your advice.

 

[Gail_in_Georgia]

http://law.onecle.com/georgia/44/44-7-18.html

Your contract with this renter would appear to be void, especially since you've now notified the internet that you are aware of this renters activities.

If you continue to allow her to rent your unit and something happens (even if this has nothing to do with her line of business), you may find yourself with no way to enforce any aspect of the lease since no lease actually exists with this tenant.

Gail

 

[stephop]

I submitted this question in anonymity, and it pertains to an anonymous tenant. My hope is to receive an answer that is actually helpful from an expert in landlord-tenant law.

For clarification, the home is not a brothel, it is where she lives with her family.

Can anyone offer me a helpful answer, please? As the landlord, am I at risk here? And if so, how can I legally terminate this lease and oust the tenant?

Thanks.

 

[Gail_in_Georgia]

I am a landlord in Georgia.

Again, I suggest your read the information on the law that was attached. The law does not specify that the rental unit in question has to be a "brothel".

Gail

 

[Gail_in_Georgia]

As with any other case for eviction, you need some type of proof to justify this action. Any police reports on this matter? Any complaints from the neighbors? How did you come across the knowledge that this was taking place?

If you take the stand that a tenant has a right to privacy and it's not the landlords responsibility to monitor their tenants every action, then it would likely be a good idea not to interfere. In other words, if your tenant keeps up her rent payments, does not damage the rental unit, has no issues with the neighbors and all you have is a suspicion (albeit a strong one) then don't confront this tenant or attempt an eviction. It is unlikely you would be held liable for something you did not know about or could not confirm.

On the other hand, if neighbors have complained and/or there are police reports on the matter then you are obligated to take action regarding this matter.

 

[stephop]

At first, all we had was suspicion, based on a number of things we noticed about her after she moved in. After we did the Craigslist search, we knew for sure. But we have never heard a peep from any of the neighbors, some of whom we have met and have our number. She pays her rent (with money orders), and she rarely calls with any issues.

Based on that, and your suggestion, it sounds like our best approach is to turn the other cheek.

Thanks for the help.