Landlord Law
June 17, 2024 2:23 PM Subscribe
Have any laws been violated by the landlord in this situation?
A house that is rented is broken into (via window) and 2 android tablets (value: $1000) are stolen.
The renter learns within hours the identity of the perpetrator. The renter does not disclose this to the landlord.
The landlord discovers the identity of the perpetrator a few days later. It is the landlord's son. The landlord does not disclose this to the tenant.
All involved are major adults.
Have any laws been violated by the landlord in this situation?
Notice the focus on "landlord"
A house that is rented is broken into (via window) and 2 android tablets (value: $1000) are stolen.
The renter learns within hours the identity of the perpetrator. The renter does not disclose this to the landlord.
The landlord discovers the identity of the perpetrator a few days later. It is the landlord's son. The landlord does not disclose this to the tenant.
All involved are major adults.
Have any laws been violated by the landlord in this situation?
Notice the focus on "landlord"
You can't ask if laws are being violated without saying where the events are happening.
That said, I don't think there's anywhere where if someone knows who stole something from you they are required to tell you and I don't see why this being your landlord or the perpetrator being the son of the potential tattle-tale changes that. I mean if the landlord took the son to a pawn shop to sell the tablet that might be accessory after the fact or of they bought the tablet knowing it was stolen then that's posession of stolen goods in some places, but just not telling is unlikely to be a thing.
posted by If only I had a penguin... at 2:36 PM on June 17 [6 favorites]
That said, I don't think there's anywhere where if someone knows who stole something from you they are required to tell you and I don't see why this being your landlord or the perpetrator being the son of the potential tattle-tale changes that. I mean if the landlord took the son to a pawn shop to sell the tablet that might be accessory after the fact or of they bought the tablet knowing it was stolen then that's posession of stolen goods in some places, but just not telling is unlikely to be a thing.
posted by If only I had a penguin... at 2:36 PM on June 17 [6 favorites]
How old is the son?
Does the son live with the landlord?
Do the landlord and the son live in the same building as the tenant, or do they live somewhere else?
Did the son keep the stolen property in the landlord's home and did the landlord know?
Did the tenant get their Android devices back? If so, how, and at what point in the timeline?
posted by Winnie the Proust at 2:50 PM on June 17 [1 favorite]
Does the son live with the landlord?
Do the landlord and the son live in the same building as the tenant, or do they live somewhere else?
Did the son keep the stolen property in the landlord's home and did the landlord know?
Did the tenant get their Android devices back? If so, how, and at what point in the timeline?
posted by Winnie the Proust at 2:50 PM on June 17 [1 favorite]
Best answer: I think the situation as presented is fairly well covered. Now if the police asked the landlord (or you) and the landlord (or, again, you) withheld the identity, that's a different story. That would definitely get the attention of the police and courts. But generally there are no laws saying lying (or withholding information) between citizens is illegal.
posted by Meldanthral at 3:06 PM on June 17 [4 favorites]
posted by Meldanthral at 3:06 PM on June 17 [4 favorites]
Regarding laws specific to landlords, it would be question for a lawyer familiar with the housing laws in your state and city, and I am guessing is more likely to be addressed by case law than statute, if it's addressed at all.
posted by zippy at 3:54 PM on June 17
posted by zippy at 3:54 PM on June 17
Note that the responses above apply in general to any person who becomes aware of a crime. As far as I know, there is no special duty on a landlord to report the identity of a thief.
posted by metahawk at 4:20 PM on June 17
posted by metahawk at 4:20 PM on June 17
Best answer: Accessory after the fact requires:
1) The accused knew that a person committed a crime; and
2) The accused assisted that person with the specific purpose or design to hinder or prevent that person's apprehension, trial, or punishment
You’d have to talk to a real lawyer, but the elements are there.
posted by Tell Me No Lies at 5:08 PM on June 17
1) The accused knew that a person committed a crime; and
2) The accused assisted that person with the specific purpose or design to hinder or prevent that person's apprehension, trial, or punishment
You’d have to talk to a real lawyer, but the elements are there.
posted by Tell Me No Lies at 5:08 PM on June 17
Mod note: A couple deleted. Please avoid "guessing" type answers ("my guess is ...," "it seems like, probably ...," etc.)
posted by taz (staff) at 11:39 PM on June 17 [1 favorite]
posted by taz (staff) at 11:39 PM on June 17 [1 favorite]
I'm a lawyer who represents tenants but I'm not licensed in New Mexico and not familiar with the law in that state.
If a tenant asked for advice on the facts as given in the hypothetical, I would begin by investigating 1) whether the son could be acting as an agent of the landlord at the time of the theft on a claim for conversion (the civil version of theft in many jurisdictions) and 2) whether the landlord's duty of care to the tenant under the lease includes informing the tenant of the identity of the burglar or the location of the stolen property.
posted by Handstand Devil at 7:06 AM on June 18 [1 favorite]
If a tenant asked for advice on the facts as given in the hypothetical, I would begin by investigating 1) whether the son could be acting as an agent of the landlord at the time of the theft on a claim for conversion (the civil version of theft in many jurisdictions) and 2) whether the landlord's duty of care to the tenant under the lease includes informing the tenant of the identity of the burglar or the location of the stolen property.
posted by Handstand Devil at 7:06 AM on June 18 [1 favorite]
it seems like, probably
If OP is actually planning to act on this information somehow: since no one here seems to be admitted in New Mexico and state criminal laws can vary widely, every answer that's an answer rather than more questions/further lines of inquiry to explore is a "seems like, probably", even if the answerer doesn't realize it. Brief research suggests, for instance, that like many states New Mexico no longer has separate accessory liability. In the context of legal questions, it is downright weird to delete answers reflecting the degree of uncertainty any lawyer would bring to trying to informally answer a question (without a ton of research) outside their field of specific knowledge and to preserve answers that are confidently wrong.
posted by praemunire at 8:19 AM on June 18 [3 favorites]
If OP is actually planning to act on this information somehow: since no one here seems to be admitted in New Mexico and state criminal laws can vary widely, every answer that's an answer rather than more questions/further lines of inquiry to explore is a "seems like, probably", even if the answerer doesn't realize it. Brief research suggests, for instance, that like many states New Mexico no longer has separate accessory liability. In the context of legal questions, it is downright weird to delete answers reflecting the degree of uncertainty any lawyer would bring to trying to informally answer a question (without a ton of research) outside their field of specific knowledge and to preserve answers that are confidently wrong.
posted by praemunire at 8:19 AM on June 18 [3 favorites]
Sorry, I missed that you were in New Mexico.
It would appear New Mexico doesn't differentiate between accessory before and after the fact. Here is the relevant law.
Once again, you'll need to consult a real lawyer to see if this applies.
posted by Tell Me No Lies at 8:40 AM on June 18
It would appear New Mexico doesn't differentiate between accessory before and after the fact. Here is the relevant law.
Once again, you'll need to consult a real lawyer to see if this applies.
posted by Tell Me No Lies at 8:40 AM on June 18
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posted by chesty_a_arthur at 2:28 PM on June 17