What are the laws that protect victims, and what are the obligations of a landlord? Let us have a look at the legal aspects of eviction and domestic abuse.
What you will discover:
What should I do if my renter has been the victim of domestic violence?
Is it my responsibility to report domestic violence?
What are the legal rights of renters who are victims of domestic violence?
What should I know about VAWA?
Can a landlord dismiss a renter suspected of abusing another?
Every year, millions of American women and men are victims of domestic abuse. Given that more than one-third of US houses are rented, the unfortunate fact is that domestic violence is frequent, and landlords must be prepared for when it occurs. Is it possible to remove someone suspected of domestic violence? What are the laws that protect victims, and what are your obligations as a landlord? Let us take a deeper look at the legal aspects of eviction and domestic abuse.
Table of Contents
What should I do if my renter has been the victim of domestic violence?
Domestic abuse may take many forms and sometimes goes unnoticed by outside observers. Hearing shouts or seeing bruises may alert a friend or neighbor to the fact that abuse is taking place. However, other forms of abuse, such as pressure, intimidation, emotional abuse, and financial abuse, sometimes go unrecognized.
When something seemingly innocuous occurs, it is easy to detect evidence of abuse. It is also possible to not notice anything out of the ordinary and still be alerted to an abusive relationship by someone else. In any case, it is critical to postpone making a judgment until you have a better knowledge of what is going on.
Domestic abuse victims have various legal safeguards, which differ depending on state legislation. In certain cases, you may be required to release them out of their lease early. Even though it is not needed, accommodating such a request may be in everyone’s best interests. You may confirm their status by requesting evidence of:
A restraining order has been issued against the accused abuser.
Criminal charges may be brought against the accused abuser whether the victim is a renter or any other household member(s).
A letter from a competent third party, such as a doctor, counselor, police officer, social worker, or attorney.
A release condition declaring that the accused abuser may not contact the victim owing to a related crime, such as domestic violence or stalking.
If you have cause to think that a tenant or guest is engaging in domestic violence on your property, you should alert police authorities. If the claimed victim is your renter, if it is safe to do so, you may wish to give them with information on the National Domestic Violence Hotline. You might also prominently display the hotline number in public locations like the laundry room, a bulletin board, or the property manager’s door.
Remember that it is normal for victims of domestic violence to reject their abuse, make up tales to explain injuries, or make excuses for the abuser. Although you cannot impose the truth on anybody, you can equip them with tools and do all possible to keep your renters, their guests, and visitors safe.
Is it my responsibility to report domestic violence?
No, landlords are not required to report suspected domestic abuse.
Landlords, on the other hand, may be held accountable for acts of violence committed on their property, including domestic abuse. This includes assaults on other tenants, visitors, or onlookers. While you are not compelled to report suspected domestic violence, neglecting to intervene when a reasonable person would have realized a tenant or guest was in risk of being mistreated may result in legal ramifications.
If you suspect domestic violence on your property, you should consult with a lawyer about your legal options.
What are the legal rights of renters who are victims of domestic violence?
If a renter offers written evidence that they have been the victim of domestic abuse, you may take the following steps:
Getting the abuser from the premises. If the abuser is a tenant, you are not compelled to give them an opportunity to repair the problem that caused the eviction.
Obtaining a restraining order to keep the abuser away from the property.
Changing or permitting your renter to change the locks.
Allowing the victim to terminate their share of the lease early.
Maintaining your tenant’s anonymity about their status as a victim of domestic violence.
Depending on state law, you may be allowed to evict both the victim and the abuser if it is necessary to keep other tenants safe. When an abuser gets evicted, victims often flee with him or her. In California, for example, you cannot evict a victim of domestic violence unless they continue to allow the abuser access to the property and the abuser’s presence constitutes a danger to other tenants or disturbs their ability to enjoy the property.
What should I know about VAWA?
The Violence Against Women Act (VAWA) establishes some safeguards for victims of domestic violence living in federally funded multi-family rental property. Remember that there may be some overlap with other state and federal housing laws that offer comparable safeguards for non-subsidized rentals.
Individuals exposed to domestic abuse by an intimate partner who has a criminal conviction for the crime, the victim of any nonconsensual sexual act or instance of dating violence, the victim of stalking, and any immediate relatives or members of the home are all protected by VAWA.
You may not, as a landlord, under VAWA:
Refuse to rent to anybody based on their status as a victim of domestic violence. The federal Fair Housing Act also protects this.
Evict a protected tenant because of threats or real acts of violence perpetrated against them, unless you can show that they would pose a genuine or immediate harm to other tenants or visitors if they remained.
Give a protected renter preferential treatment, such as tolerating excessive noise or property damage if it violates the lease agreement.
Furthermore, in order to comply with VAWA’s housing regulations, landlords must undertake the following:
If the survivor want to remain on the lease after the abuser has been evicted, you must offer the bifurcation procedure. This generally entails changing a lease to remove the abuser’s name.
If the abuser was eligible for federal aid, you must provide the victim the chance to seek for assistance or locate other housing. In some cases, a housing authority may decide to provide housing aid to the victim.
As a landlord, you may have access to numerous personal facts, both good and unpleasant, about your tenants’ everyday life. It is critical that you be prepared to assist renters who are victims of domestic violence while also safeguarding your other tenants and your own interests.
Can a landlord dismiss a renter suspected of abusing another?
Yes, in a nutshell, but the procedure may be difficult and even harmful. Posting an Eviction Notice on the door may sometimes convince an abuser to leave without having to go through the eviction procedure. However, it is critical to obtain knowledge first in order to make sound conclusions. These are delicate circumstances, and the incorrect course of action might have far-reaching ramifications for the victim of the abuse or other tenants.
If you have credible information about abuse, including proof, you should alert law police or, if the abuser is a renter, remove them. If the victim resides with the abuser and is not on the lease, you may let her remain in the apartment by following the bifurcation procedure specified under the federal Violence Against Women Act (VAWA). This is true for all victims of domestic violence, regardless of gender.
