Legal Issues Concerning the Liability of Lessors for the Wrongful Acts of Lessees: A Case Study of Dormitory Leases

Abstract

This research aims to examine the meaning of the lease of property under the Civil and Commercial Code, to study problems concerning the liability of lessors arising from criminal acts committed by lessees in the context of dormitory rentals, and to propose solutions to issues relating to the liability of lessors for criminal conduct committed by lessees in dormitory rental cases.

The research findings indicate that there are several issues concerning the liability of lessors arising from criminal acts committed by lessees in dormitory rental cases, as follows: problems relating to the offenses committed by lessees that may result in the liability of lessors; problems concerning the legal liability of lessors; and problems regarding the penalties imposed on lessors for criminal acts committed by lessees.

The researcher therefore proposes the following recommendations derived from this study: the enactment of specific legislation on the management of premises causing chronic public nuisance, amendments to the Narcotics Code and the Gambling Act by introducing notification mechanisms and extending liability to general lessors in order to enhance systematic prevention of such problems, and the drafting of dedicated legislation on chronic nuisance premises. It is also recommended that existing laws, such as those concerning narcotics, gambling, and human trafficking, be revised to distinguish lessors with unclear intent from principal offenders, and to impose lighter and more proportionate penalties accordingly.