Tenant Safety

May, 2019

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. The landlord’s duty of care extends to protect tenants from third party criminal acts and correspondingly to protect the neighborhood from criminal acts of his tenants. The best way to protect tenants, property and neighbors is to prevent criminal […]


What is an expedited eviction?

May, 2019

An eviction is the legal process of restoring possession of the rental premises to the landlord after properly terminating a tenancy. The legal proceedings can be quite lengthy, taking weeks or even months to formally complete the process in order to allow the tenant his right to due process. Each state has its own procedures […]


If the tenant is late on his rent, how soon can I serve notice?

May, 2019

In most states, you can serve the tenant a Notice to Pay Rent or Quit as early as the day following the rent due date. As example, if the rent is due on the first day of the month, a notice may legally be served on the next day (day two), absent a grace period […]


I have several questions regarding notices to tenants who are late with their rent. What happens if the tenants pay the past due rents during the notice period? I served a tenant with a Pay or Quit Notice but now he has paid the rent within the 3 day notice period. Does the Notice just expire? What would happen if I served a Notice and the tenant only paid part of the rent? Does the tenant still have to move out?

May, 2019

If you serve a tenant a Pay or Quit Notice but then accept the tenant’s payment for the full amount of the rent due for the rental period, you have cancelled the termination notice for that rental period. The tenant will no longer be in lease default. In many states the matter will be considered […]


Housing Discrimination

May, 2019

The annual Fair Housing Trends Report prepared by National Fair Housing Alliance collects and analyzes data on the seven federally protected classes and several of the classes protected by state and local fair housing laws, such as source of income and sexual orientation among others. The analysis of 28,843 reported complaints of housing discrimination in […]


Does a landlord have liability for criminal activity?

May, 2019

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. Legal obligations for tenant safety issues may be specified under state statutes, local ordinances, building and housing codes, and case law. The landlord’s duty of care extends to protect tenants from third party criminal acts and correspondingly to protect […]


Is a landlord liable for a tenant’s injury?

May, 2019

A landlord could be held liable for a tenant’s injury that occurred on the rental property if the landlord acted in a negligent manner and the tenant’s injury was caused by the landlord’s negligence. A landlord has the duty of reasonable care to help protect the safety of his tenants. Landlord liability for tenant claims […]


What are some of the ways to help minimize landlord liabilities?

May, 2019

Landlord liability can result from negligence, violation of health and safety laws, failure to repair, failure to maintain the rental premises in a safe and habitable condition, or intentional harm to others and property. Landlord duties and responsibilities regulate property management operations. Failure to perform according to statutes for health, safety, and habitability are breaches […]


Does the Fair Housing Act cover alcoholism under the protected class of disability?

April, 2019

Yes, both the Fair Housing Act and the Americans with Disabilities Act include alcoholism within the definition of handicap (disability). The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. The Act defines persons with a disability as those individuals with mental or physical impairments that substantially limit […]


Federal, state, and local fair housing laws govern your rental policies and practices for advertising and marketing of rental properties, tenant screening and selection policies, and enforcement of lease terms and conditions in a consistent and non-discriminatory manner. Your priority is knowledge and understanding of applicable fair housing laws for the location of your rental property. Federal Fair Housing laws prohibit discrimination on the basis of these protected classes: • Race • Religion • National origin • Sex • Color • Familial status • Disability Many states and some local jurisdictions have fair housing laws that grant greater protections against discrimination. As examples, state and local protected class status may be extended to include age, sexual preference, gender identity, gender expression, occupation, source of income, Section 8 voucher participation, educational status, medical status, marital status, partnership status, military background, political affiliation, or other named class. Fair housing compliance will be in accordance to the federal, state, and local law that is the most restrictive in protecting against housing discrimination. Since an applicant/tenant is potentially a member of any of the federal, state, and local protected classes, the landlord’s rental policies must be based on legitimate business criteria for fair housing compliances. Your rental policies should be documented in writing and applied equally and consistently in all areas of your property management operations.

April, 2019

Housing discrimination can take many forms, including: Advertising that indicates preferences or limitations on applicants Selective uses of tenant screenings; e.g., only certain applicants are screened or only certain types of screenings are utilized Refusal to discuss rental policies with an interested rental prospect, e.g. not returning a prospect’s calls or refusal to provide applications […]