If I rent an apartment, in my name, for a relative with a criminal issue, what exposures do I have?

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In Texas, as the signer of a lease agreement, you are generally responsible for the actions that occur on the property, including the conduct of the people you allow to live there. If a relative commits a crime in the apartment, several issues could arise:

Violation of Lease Terms: Most residential lease agreements have clauses that restrict who can reside in the property. If you sign a lease pretending to live there but let someone else live there, you could be violating the lease terms, which might lead to eviction or legal action by the landlord.
Civil Liability: Depending on the circumstances and the nature of the crime, you could potentially face civil liability. For example, if the crime results in damage to the property or harm to others, the landlord or the injured parties might seek compensation from you.

Criminal Liability: While you wouldn’t automatically be criminally liable for the crime committed by your relative, if it’s proven that you were complicit or had knowledge of the criminal activity and did nothing to prevent it, you could face criminal charges.

Premises Liability: Landlords and lease signers have a duty to ensure the property is not used for illegal activities. If the crime committed is associated with the condition of the property or lack of reasonable security measures, there could be premises liability concerns.

It’s important to review the specific terms of your lease agreement and consult with a legal professional to understand the full scope of your responsibilities and potential liabilities. Remember, honesty in lease agreements is not only a legal obligation but also the best practice to avoid such complications. If you’re considering allowing a relative to live in a property you intend to lease, it’s advisable to discuss this with the landlord and ensure that the lease reflects the actual living arrangement.

 

Disclaimer: This information is not legal advice, and for the most accurate and personalized guidance, you should consult with a legal expert.

 

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