Domestic abuse has become a prevalent issue around the nation. It accounts for 1/5th of violent crimes and it’s typically taking place in a victim’s home.
Since so many people rent, landlords are faced with having to address this issue. What is the landlord’s responsibility when domestic abuse is taking place in their rented property? Here is what landlords need to know about responding to domestic abuse.
Landlords can’t evict a tenant that becomes a victim of domestic abuse that took place on the property, which includes stalking and dating violence. Landlords also cannot hold that victim to a higher standard than other tenants, such as allowing excessive noise and forgiving rental damage. Finally, landlords can’t refuse to rent to an applicant that is or has been a victim of domestic abuse.
If the violence becomes a threat to other tenants or employees because the victim is not evicted, then eviction would be legal. You may also evict if a tenant has violated their lease unrelated to domestic violence. If you try to evict a tenant and they claim they have rights according to domestic abuse laws, they need to provide documentation. You have the option to trust their statement. Keep any documents confidential.
Landlords are allowed by law to split a lease in order to evict an abuser from a household while the abused person or persons can continue renting. This protects your property and the tenants. You cannot punish the tenant that stays in any way and you’d still have to follow all local, state, and federal laws when evicting. If you are going to evict one person of the household, be sure to discuss the situation with an attorney.
While domestic abuse can happen on your rental property, knowing your rights is the first step in handling the situation.