Tenant Brought In His Underaged Girlfriend

[pinoy0320]

I have a tenant that is not under a lease or has no written agreement. He is 31 years old and is sleeping with a 17 year old high school girl. I feel very uneasy about this and am wondering if this is even legal? If not, will I be held responsible if it is within my household?

[Mr. Knowitall]

It's not legal in Florida with that age differential. But I don't know of any theory of liability which would make a landlord responsible for the tenant's conduct on the basis of tenancy alone. (Besides - how do you know what is going on behind closed doors? You appear to be making a reasonable educated guess, but how would somebody prove you had actual knowledge?) You may wish to consider declining to renew the tenant's lease agreement at its conclusion, assuming he doesn't move on his own accord.

[pinoy0320]

Well he posted on a website that he was having sexual relations with this girl and she has admitted it in person as well.

[Swanson]

I have a tenant that is not under a lease or has no written agreement. He is 31 years old and is sleeping with a 17 year old high school girl. I feel very uneasy... will I be held responsible if it is within my household?

Check a Florida code website under Civil Codes, but California is very strict when it comes to other parties who know about statutory rape and don't report it, even though it's rarely enforced and the man could say he was joking, or that it was false bravado, or sarcasm. It may be impossible to prove, but here's what I found:

Ca. Civ. Proc. Code 340.1
Civil claims must be filed within 8 years of the victim reaching the age of majority or "within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse.”
An amendment enacted in July of 2002 provides "actions may be commenced on or after the plaintiff's 26th birthday if the person or entity against whom the action is commenced knew, had reason to know, or was otherwise on notice, of any unlawful sexual conduct by an employee, volunteer, representative, or agent, and failed to take reasonable steps, and implement reasonable safeguards, to avoid future acts of unlawful sexual conduct. The bill would revive a cause of action solely for those claims for a period of one year, except as specified." Legislative Counsel's Digest (SB 1779, Burton).
Excerpt of Section 340.1.
** 340.1.* (a) In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions:
** (1) An action against any person for committing an act of childhood sexual abuse.

[Swanson]

I have a tenant that is not under a lease or has no written agreement. He is 31 years old and is sleeping with a 17 year old high school girl.

It looks like it's legal in Florida if she's 17, but you'd have to report it if she were 16 according to what I found so far from "The State Legislators'?Handbook for Statutory Rape Issues":
Encouraging reporting: Florida passed legislation making sex with children under 16 child abuse if the offender is 21 or older.

Discussion: The ABA survey revealed that in recent years at least four States considered making the reporting of statutory rape mandatory by redefining child abuse to include statutory rape.5 Some States have done so, usually with the limitation that the minor is below a certain age, such as 15 years of age in Florida. This change requires those who are mandatory reporters of child abuse to report statutory rape.
39.201* Mandatory reports of child abuse...?2(a) If the report is of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older solely under, the report shall be made immediately to the appropriate county sheriff's office or other appropriate law enforcement agency.
800.04* Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
Thus, the laws tend to only garnish reporting if the minor is 16, even though I believe legal age is 18?