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Re: lease amendment - Landlord Forum thread 347678

Re: lease amendment by MrDan (GA) on August 27, 2016 @23:38

                              
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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Re: lease amendment by J (FL) on September 1, 2016 @08:32 [ Reply ]
Perhaps, but OP provided very little information about what is actually going on here.

When I first read his post I didn't even associate it with domestic violence. Husband assaulted...someone? And he wants husband removed but not wife.

Maybe OP found out about all this via a mugshot on the internet, not from the wife.
    Re: lease amendment by Anonymous on September 1, 2016 @09:02 [ Reply ]
    you failed to read what the OP stated..."remove a tenants spouse for assault reasons"

    no mention was made of a husband or wife. nor did the OP say anything about mugshots on the internet? you have a tendency to over exaggerate and make up stuff.
      Re: lease amendment by J (FL) on September 1, 2016 @09:22 [ Reply ]
      It doesn't give any details who was assaulted or what happened here. You can read my response on the other sub-thread.

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