Judge Joven Speaks to Landlords

Posted on | March 12, 2010 | 2 Comments

At the March 9, 2010, meeting of the Central Indiana Real Estate Investors Association (“CIREIA”), the Honorable James  Joven, Lawrence Township Small Claims Court Judge, spoke for more than an hour on a wide range of issues that impact landlords and the use of his court.  It was one of the most informative meetings I have ever attended at CIREIA.  I really regret that we did not video-record Judge Joven’s presentation, as it was excellent.

This is actually the second time that Judge Joven has been a speaker at a CIREIA meeting.  Several years ago, the Judge spoke about securities laws and how they impact investors, particularly investors who use money from other people to purchase or otherwise invest in real estate.  At that time, Judge Joven had just resigned as Indiana’s Securities Commissioner.

At the March 9 meeting, Judge Joven answered questions about the eviction process, court rules, emergency evictions, collections, proceeding supplemental, court procedures, evidentiary requirements and, the use of attorneys for landlords, property management companies, etc., etc., etc.  There were several very interesting questions asked at the meeting, including one concerning the ability of a landlord to terminate the lease based on an infestation of “bed bugs” caused by a tenant.  After the meeting, I received the following related question-

QUESTION-  

Hello Matt,

 I have been advised to “Ask Matt” about an issue I have. Unfortunately I was not able to make Tuesday’s Cireia meeting to ask, so this is the next best.

 Had a tenant who somehow invested my house with bed bugs. The exterminator has (we believe) successfully removed them, there have been no signs of them remaining. The tenant vacated without notice, so now to re-lease.

My question is this, do I need to, or required to inform the tenant prospect of the bed bugs? Personally I feel morally I should, but I was advised to ask legally.

 Thank you for your time,

 Robert

MATT’S ANSWER-             I do not believe that you are required, as a landlord, to inform a tenant about conditions to a property that no longer exist.  So, if a prior tenant housed a dangerous pet, such as a pit bull dog, I do not believe the landlord is required to notify a prospective tenant that there once was but is no longer a dangerous dog in the house.  Similarly, I don’t believe that a landlord has a duty to inform a tenant that the hot water heater in the house was once broken, as long as the water heater has been fixed and is working today. 

Keep in mind that there are certain statutes that require notice from a landlord to attend up certain conditions related to a leased property. Probably the best example is the requirement that a landlord provide certain disclosures to a prospective tenant regarding lead. 

An interesting question I asked Judge Joven was whether he believed a landlord must notify a tenant or prospective tenant that a sex offender or sexual predator, as those terms are defined by Indiana law, lives in the same apartment building or in the neighborhood.  The Judge and I agree that a landlord would not ordinarily have a duty to inform a tenant of a sex offender or sexual predator living nearby, unless that sex offender or sexual predator had threatened tenants living in the building.  I do believe that landlord might have a duty to warn tenants of known threats of this nature.  Separate from the legal duty is the moral duty.  In all fairness, a sex offender or sexual predator living next door might pose a risk that I would feel morally obligated to share with tenants.  Whether I allowed the tenants to terminate their lease as a result of these conditions is another matter.  But I think I would advise the tenants that a sex offender or sexual predator lives nearby.

What would you do if you were such a landlord?

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DISCLAIMER:   Judge Joven is a personal friend of mine. We were college classmates, and I have had a friendship with him for more than 20 years.  He is a great judge, a good legal thinker, a community leader and a fantastic family man. I wholeheartedly support the Judge and hope sincerely that he is reelected.

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