Re: non-renewal of lease - Landlord Forum thread 337822

Re: non-renewal of lease by MrDan (Georgia) on August 3, 2015 @09:41

Perhaps you should considered the possibility of violating Fair Housing Laws, both Federal and New Hampshire.

It seems your only complaint is for noise from the children and barking dog. Hopefully, you have documentation to back up your reason for non renewal.

A New Hampshire landlord can terminate a tenancy for justifiable cause including: non-payment of rent; substantial damage to the premises; violation of the lease agreement; behavior or actions that threaten the health or safety of other tenants or the landlord; or other good cause, as long as the termination of the tenancy is not motivated by illegal discrimination.

The SCOTUS has stated that landlords can be sued even if they had no intention of discriminating – “I didn’t have any idea” won’t cut it when it comes to potential Fair Housing Act violations.

"Federal and State fair housing laws expressly require landlords/tenants to put up with normal, reasonable noise from children. This noise would clearly include noise made by children while playing in a rental, provided that their conduct isn’t overtly unreasonable (e.g. jumping off their beds at 1 a.m., or playing the stereo on high late at night). The landlord cannot evict if children have been making normal noises while playing inside the rental, such as laughing, giggling, or rolling on the floor. To do so is illegal".

"The law does NOT make another tenant’s desire for peace and quiet paramount to the children's right to play in their rental. To the contrary, the law expressly states that a desire for peace and quiet is NOT grounds for making rules against children. Children make noise. That’s part of being a kid. The law requires landlords and tenants to put up with such noises. This would include allowing kids to play around inside their rental at reasonable hours even if another tenant complains."

"I was taken aback, as I really wanted them to leave. I pondered all day, feeling bad, and arriving home was greeted by the dog barking out the front window. Decision made, I drafted the non-renewal"
It looks as if you decided to 'non-renew' in retaliation of the tenants children and tenant planning to stay. The fact that you also considered a couple without children for replacement would show intent on your part to discriminate. Too many landlords react without thinking of all possible out comes of any decisions and often wind up in court defending the bad ones.

Some questions of interest;
Did you remove the husband from the lease?
When was the divorce?
Do you have documentation of all noise violations?
Do you have a 'Pet Policy'?

New Hampshire has very strong and active Fair Housing Organizations.

[ Reply ] [ Return to forum ]

Re: non-renewal of lease by NC Newbie (NC) on August 3, 2015 @14:36	[ Reply ]

Question for Mr. Dan (or anyone) My place is rented out and I'm not in this position, but curious for the future.... Do the Fair Housing laws pertaining to renewals? I know they do to initial rentals, and not discriminating against people who apply. But what if you just don't want to rent to someone who has been in your place for a year or two? What if you just want a break from renting, or are thinking about selling, or whatever? Didn't you already prove you didn't discriminate by letting them rent for 2 years? Isn't that in and of itself the definition of not discriminating against them?

Re: non-renewal of lease by MrDan (Georgia) on August 3, 2015 @16:58	[ Reply ]

. Fair Housing is not a one time occurrence, but a continuous obligation for the landlord under both North Carolina and Federal law. Fair Housing applies before, during and after a landlord rents to a tenant. It's not something that one proves once and is done. A landlord can violate Fair Housing at any step, from advertising and interviews to the way a landlord handles applications to a slow response for repairs. A North Carolina landlord can non-renew a tenants lease as long as it's not a violation of Fair Housing laws and complies with State laws. North Carolina Landlord Tenant laws govern all aspects of the landlord tenant relationship. For example, if you wish to just take a break, North Carolina law states "if the landlord seeks in good faith to recover possession at the end of the tenant's term for use as the landlord's own abode, to demolish or make major alterations or remodeling of the dwelling unit in a manner that requires the complete displacement of the tenant's household, or to terminate for at least six months the use of the property as a rental dwelling unit" is reasons to end a tenants lease. North Carolina landlord tenant laws provide the tenant defenses to evictions, along with North Carolina's Unfair and Deceptive Trade Practices Act. If you are non-renewing a tenants lease, it's best to have a defensible lawful reason for doing so. For example, if you are non-renewing a family with children because they were always late on paying rent, you should have detailed documentation of each late payment as proof. The tenants could claim that you didn't renew because of their children, whether true or not, it's expensive to defend a discrimination claim. North Carolina Fair Housing Laws Many Apartment Associations offer courses for landlords on Fair Housing, which every landlord should take.