Facts: A tenant makes multiple reports to their property manager about an ongoing conflict with a neighboring tenant in the complex. The property manager investigates and advises the tenant to contact the police. The tenant is told the manager cannot intervene in neighbor-to-neighbor disputes. The conflict escalates into a physical altercation between the tenant and neighbor.
Claim: The tenant claims the property manager owed a duty of care to intervene since they were aware of the conflict.
Counterclaim: The property manager claims they provided a reasonable duty of care since they responded to the tenant’s complaint and advised the tenant to contact the police department.
Holding: A California appeals court holds the property manager fulfilled their duty of care owed to a tenant who has a conflict with another tenant by advising the tenant to contact the police since the property manager has no duty to interfere in a neighbor-to-neighbor dispute. [Woolard v. Regent Real Estate Services, Inc. (2024) 107 CA5th 783]
Editor’s note – The tenant also named the homeowners’ association (HOA) which managed the property in their suit, with an identical outcome.
Woolard v. Regent Real Estate Services, Inc.
Related RCDs
Does a condominium HOA owe a duty of care to provide parking for visitors?
Related Reading
Real Estate Property Management Chapter 41: Dangerous on-site and off-site activities
Real Estate Landlords, Tenants and Property Management Chapter 28: Security to prevent crimes
