Domestic Abuse: Knowing Landlord, Tenant Laws in Your State

When a story broke earlier this week, describing an encounter between one Philadelphia property owner and her supposed delinquent tenant – an incident that left the 30-something renter dead – serious questions come to mind about the best way to handle disputes among landlords and their residents.

The woman, a former real estate agent, got into an argument with the male tenant, who rented a room in her home near a popular Philly neighborhood, Manayunk. The spat evidently stemmed from the resident’s failure to pay rent, resulting in the landlord grabbing a gun and shooting the victim in the back, killing him. This is a cautionary tale, of course, but one that landlords around the globe should take seriously.

There’s also the reality more and more landlords are facing when confronting issues of domestic violence at one of their respective properties. Did you know that California landlords must allow tenants to break their rental agreement (with no financial penalties), if they are victims of domestic violence? Or that in Oregon, landlords cannot evict tenants who are victims of domestic violence for noise or disturbance violations? These are simply a few among many states and provinces with statutes regulating how landlords and property managers handle domestic violence situations. And in Florida, interestingly, there are no state statutes extending special protections to tenants who are victims of domestic violence.

So how then is a landlord supposed to handle one of these complex problems?

Landlords and property managers who’ve been in the industry long enough will most likely rattle off a slew of horror stories about tenants, and these often include domestic violence issues. For them, any type of domestic violence can put not only the original victim at risk but other neighboring tenants as well, as they may feel inclined to intervene either physically or by calling the police. This can cause further violence and possible payback, which not only puts all of the tenants at risk but can lead to major property damage and even subsequent tenant friction.

Each state and province has their own set of specific regulations, which is why it’s essential to be aware of the statutes in the states where your properties are located. Legal responsibility, however, does not fall solely on the landlord. Tenants must take the necessary steps as well. All statutes require the tenant to notify the landlord of their early lease termination. In addition, many states require some type of proof of the domestic violence, such as an order of protection or a police report documenting the domestic violence. The time period for written notice varies greatly from state to state, making it crucial to know your particular state’s laws.

While no one wants to encounter a situation where a tenant is a victim of domestic abuse, being aware of the domestic violence legislation concerning your properties will help maintain a safe environment for all of your tenants and will keep you informed of your rights and options when these situations fall into your lap.