Re: MrDan Please Weigh In - Landlord Forum thread 347777

Re: MrDan Please Weigh In by MrDan (GA) on August 31, 2016 @14:56

"It may be better just to wait until the lease is up and end the tenancy then try to get this guy out now"

Under Fair Housing Act, when a landlord is aware that a resident may be experiencing Harassment (Domestic Violence) because of their protected class, the landlord has a legal responsibility to investigate, to take action to stop any harassing behavior, and to ensure that it does not recur. If a landlord fails to take effective action, then that is a violation of the fair housing act and subjects the landlord to a charge of discrimination.

Many States have penalties for landlords who fail to respond to tenants of Domestic Violence. In Texas, it's one months rent, $500, court cost and attorney fees. Others like Oregon, it's three times the rent, court cost and attorney fees. Several States do not directly address the landlords responsibility, but a landlord who fails to respond can face discrimination charges which can result in tens of thousands of dollars in penalties.

"There is no reason to believe that the wife won't just let him move right back in a couple of days". This is why the landlord should also 'Trespass' the offender from the property. If the offender is allowed to return by the victim, the landlord can move to evict everyone then.

"Then the OP has to evict the wife for non-payment" A possibility, but that sounds very "sexist".

When a tenant informs the landlord they are a victim of domestic violence, the landlord has no choice but to respond to avoid liability. Foolishly waiting for the tenancy to end may result in injury or even death to the victim.

Every landlord should have a clear policy on domestic violence. Several states require the landlord to provide the tenant with a copy or include it in their lease.

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Re: MrDan Please Weigh In by J (FL) on September 1, 2016 @08:39	[ 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: MrDan Please Weigh In by Anonymous on September 1, 2016 @08:46	[ Reply ]

I guess you missed the part where the landlord said; "can i as a landlord amend the lease to remove a tenants spouse for assault reasons"

Re: MrDan Please Weigh In by J (FL) on September 1, 2016 @08:59	[ Reply ]

He never actually said the wife was the one assaulted. Then somehow people here moved to the conclusion that wife asked the landlord that husband be removed from the unit. We have no details of what actually happened here. It would be good if OP returned to fill in the blanks.

Re: MrDan Please Weigh In