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lease amendment
by joseph (ny)
on August 27, 2016 @17:14
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can i as a landlord amend the lease to remove a tenants spouse for assault reasons or do i have to do eviction process? theyve been there since nov
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Re: lease amendment
by Garry
on August 27, 2016 @18:00
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You cannot "amend" the lease, without the written consent of ALL the parties that signed the lease. And anything agreed to, will probably only affect the lease moving forward after you sign the amendment. If you want 1 certain party out, you must evict all parties thru eviction process. Be sure you have enough evidence/proof and a good reason why you want the person out. Remember, eviction for non-pay of rent is easy. Its a whole lot harder to evict for anything else. You may have to wait til the lease is about to end, and give notice of termination then.
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Re: lease amendment
by MrDan (GA)
on August 27, 2016 @23:38
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The landlord just cannot unilaterally remove a tenant from a lease, unless the tenant who is leaving agrees, and this agreement is in writing. It does not matter if the tenant is gone or what the tenant did, the tenant has an interest in the property and is subject to all the rights and responsibilities of the signed lease.
You also cannot evict the 'victim' of Domestic Violence, as that might lead to a charge of violating Fair Housing laws both State and Federal.
New York extends special protections to tenants who are victims of domestic violence. Here are some of the domestic violence laws that apply:
•Landlord cannot refuse to rent to victim of domestic violence
•Landlord cannot terminate a lease because a person is a victim of domestic violence
•Early termination right for domestic violence victim
•Landlord or court may bifurcate the lease, which means that the landlord may evict the abuser, but not the victim of the domestic violence (Joint and several liability application)
•Anti-discrimination protection and eviction protection do not apply to owner-occupied buildings with two or fewer units
Besides, the landlord might not wish to release or evict the abuser. The domestic violence victim should obtain an 'Order of Protection' from the court, that prohibits the abuser from returning to the property. The landlord can also obtain a 'Restraining Order' based upon the domestic violence victims ' Order of Protection' and then trespass the abuser from the property. This way, the landlord can have law enforcement arrest the abuser if the abuser returns.
This will allow the landlord to hold the abuser accountable for any monies or damages for the remaining lease term.
Beware that the victim of domestic violence cannot be required to pay for any property damage the abuser committed. The landlord will need to pursue the abuser in court for damages (broken door from force entry, holes in walls, etc.)
Also note the domestic violence victim can also break the lease without penalty by following the Guidelines laid out by the State.
Termination of residential lease by victims of domestic violence
Even if the domestic violence victim fails to pursue charges, the landlord may still be able to trespass the abuser from entering the rental property under their lease addendum dealing with criminal activity.
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