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Landlord-Tenant Basics Tennessee Faith & Justice Alliance Landlord-Tenant Basics Tennessee Faith & Justice Alliance

Landlord-Tenant Basics Tennessee Faith & Justice Alliance - PowerPoint Presentation

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Landlord-Tenant Basics Tennessee Faith & Justice Alliance - PPT Presentation

March 31 2016 Christina Magráns Legal Aid of East Tennessee Outline Basic Laws Uniform Residential Landlord amp Tenant Act URLTA Larger Counties Common Law Rural Counties Illegal Evictions ID: 707751

housing tenant lease rent tenant housing rent lease reasonable days violence act fha unit notice fair landlord domestic disability

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Slide1

Landlord-Tenant Basics

Tennessee Faith & Justice Alliance

March 31, 2016

Christina

Magráns

Legal Aid of East TennesseeSlide2

Outline

Basic Laws

Uniform Residential Landlord & Tenant Act (URLTA) – Larger Counties

Common Law - Rural Counties

Illegal Evictions

Fair Housing Laws/Violence Against Women Act

Protected classes and covered markets/individuals

Discrimination

Common Topics: Disability/Handicap and Domestic Violence

Questions and AnswersSlide3

Uniform Residential Landlord & Tenant Act

URLTA applies in larger counties (26 in East TN)

Lease agreements can be written or verbal

Late rent

Maximum late fee charge of 10% of monthly rent

Late fee cannot be charged until after the 5

th

day of the

month*

Security deposits and pet deposits can be required

Landlord

must

provide a habitable

unit

Withstands

weather

Conforms with safety and building codes

Has running water, heat, power, etc

.Slide4

Repairs under URLTA

LL generally has a duty to make repairs to keep the rental unit habitable

Can be modified by agreement in the lease

Repair requests MUST be made in writing

For non-essential repairs, LL has 14 days to make the repair (2 days if it’s an essential repair like heat or water)

If LL doesn’t repair:

Tenant

cannot

withhold rent and stay indefinitely!

Tenant may be able to break the lease and move (caution: balance, deposit)

For essential repairs

only

, Tenant may be able to move and charge LL for the substitute housing, or to repair and deduct from rent (caution: risk eviction!)

Landlord

can charge tenant (or even evict) over repairs if:

Tenant is behind on rent,

Tenant or a guest caused the damage, or

Damages are so extensive that landlord can’t make repairs with tenant

thereSlide5

Eviction Process under URLTA

Notice

of lease termination (determined by type of lease and violation)

Written

agreement

Waiver for

nonpayment of

rent only

means no notice required

Curable breaches: 14 days (if occurring again in 6 months, 7

day notice)

Non-curable breaches: 14 days

Oral agreement

If tenant pays monthly,

14

days

If tenant pays weekly, 10 days

Criminal activity (written or oral agreement): 3 days

After notice period expires, issuance

of a detainer

warrant

Detainer hearing (at least 6 days from issuance of warrant)

10 daysSlide6

Common Law for Rural Counties

Common law applies

in

more rural counties where population is below 75,000

Lease agreements can be written or verbal

Security

deposits and pet deposits can be

required

Landlord

has a duty to provide a habitable rental unit and make repairs to keep it habitable

Withstands weather

Conforms with safety and building

codes

LL must repair emergency issues immediately if the problem is a code violation (i.e. water pipe bursts or heater breaks)Slide7

Eviction Processin Common Law Counties

Form of Notice

Oral or written

Timing of Notice

The Tenant gets 14 days for any of the following lease violations:

1) Tenant hasn’t paid rent on time, or

2) Tenant/guest has damaged the rental unit, or

3)

Tenant/guest

in the rental unit has been violent or threatened the health, safety, or welfare of others.

For all other lease violations, the Tenant gets 30 days.

NOTE: Lease can arrange for different notice periods

Ability to cure default

If the Tenant hasn’t paid rent, owes a late fee, or has damaged the rental unit, the Tenant can cure the breach by paying within the 14 day notice period!

After notice period expires, issuance of a detainer warrant

Detainer hearing (at least 6 days from issuance of warrant)

After judgment, 10 days to move (including weekends

)Slide8

Illegal Evictions in ANY County

Shutting off essential services (power, water, heat, etc.) to make a tenant move, even if the tenant is behind on rent

Locking a tenant out of the unit, even if the tenant is behind on rent

Landlords cannot get possession back without going to court.

A tenant cannot agree to self-help evictions in a lease agreement!Slide9

Fair Housing Act

Legal Authority

42

U.S.C. §

3601 et. seq.

24 C.F.R. § 100 et. seq.

Tenn

. Code Ann. § 4-21-601

Goals:

To afford everyone the opportunity for fair housing, regardless of a tenant’s status in a protected class

To prohibit discrimination by landlords and by those who work in markets affecting housing

Potential areas of overlap:

Violence Against Women Act

Americans with Disabilities Act

HUD rules and regulationsSlide10

FHA: Protected Classes

Race

Color

National Origin

Religion

Creed (Tennessee protection)

Family Status (number of children)

Gender

Disability or Handicap

Note: Sexual orientation, gender identity, and marital status may be added soon under HUD rulesSlide11

FHA: Markets Covered

The Fair Housing Act applies to

dwellings

and the

rental, sale, and use

of those dwellings

Applies to private landlords, HOAs, subsidized housing, public housing, Section 8 landlords, etc.

It also applies to special markets concerning housing including:

Lending

Insurance

Publishing

AdvertisingSlide12

Discrimination under the FHA42 U.S.C. §§ 3604 & 3617

Applying different or harsher terms to those in protected classes

Evicting due to status in a protected class

Lying

about availability

Blockbusting”

Harassing

, intimidating, coercing someone on account of membership in a protected class (i.e. retaliation for pursuing, or helping another pursue, their Fair Housing

rights)

Refusing to allow reasonable modifications or reasonable accommodations for tenants with disabilities/handicaps

Other

acts concerning residential

housingSlide13

FHA: Disabilities & Handicaps

Handicap v. disability

They are essentially the same. Federal law uses the term “handicap” while state law uses the term “disability.”

What is a disability/handicap under Fair Housing law?

Tenant has a physical

or mental impairment that substantially limits

1 or

more

major

life

activities, OR

Tenant has a record

of having such an

impairment, OR

Tenant is regarded

as having such an

impairment

NOT as strict a definition as the one Social Security

u

ses, so a tenant can be disabled for Fair Housing purposes but not be receiving SS fundsSlide14

FHA: Disabilities &Handicaps (

ctd

.)

Disabilities/handicaps are not always obvious

Asthma

Depression

Substance abuse (

legal

drugs only)

Arthritis

Exceptions: FHA does not protect:

Abusers of illegal drugs

Sex offenders

Juvenile offenders

Those who pose a non-speculative direct threat to others, where the threat

also

cannot be reasonably reduced or eliminatedSlide15

FHA: Reasonable Modifications

Tenant with a disability/handicap needs to modify a physical aspect of the property due to the disability/handicap

Example: grab bars in a bathroom, removal of cabinets under sinks in a kitchen for wheelchair, etc.

If the tenant meets the definition of disabled or handicapped, then the LL normally must grant permission for the modificationSlide16

Notes on Reasonable Modifications

Tenant

may be responsible for

payment

if the property is built before March 30,

1991

Tenant

may have to undo the modifications upon

vacating

Example: remove grab bars, but not restore a widened door frame

Tenant is responsible for maintenance of the

modification

LL can require tenant to get building permits if required

LL can require that the modification be made in a “workmanlike manner.” LL, however, cannot require any particular contractor

LL cannot require more expensive plans, unless the LL agrees to pay for the excess cost

LL cannot usually require an alternative design, especially if the modification must be removed when tenant leaves

HUD rules have additional protections for tenants in subsidized housingSlide17

More Informationon Reasonable Modifications:

Joint Statement from the Department of Housing and Urban Development and the Department of Justice, March 5, 2008 on Reasonable Modifications available at:

http

://www.hud.gov/offices/fheo/library/huddojstatement.pdfSlide18

FHA: Reasonable Accommodations

Tenant with a disability/handicap needs

an exception, adjustment, or change to a LL’s policy or procedure

Example: Tenant asks to be allowed to have her emotional support dog despite LL’s “no pets” policy

If

the tenant meets the definition of disabled or handicapped, then the LL normally must grant

the accommodation,

unless

:

It poses a direct threat to others

It requires an unreasonable financial or administrative burden

It requires a fundamental alteration of the LL’s normal dutiesSlide19

Important Notes on Reasonable Accommodations

LL cannot ask for medical records in most cases

A statement from tenant, proof of receipt of SS funds, or letter from doctor/therapist/nurse should be enough in most cases

Requests for additional information may violate the Fair Housing Act

Tenant cannot be charged for

making

the accommodation

Tenant with asthma can’t be charged a transfer fee to get away from a neighbor who smokes

LL cannot charge a pet deposit or pet rent for a service/support animal

Tenant

can

be charged for damages

Ex: damages to a service animal causes to a carpet

The accommodation should strive to bring the tenant back into

compliance

with the lease

The tenant must be willing to participate in the reasonable accommodationSlide20

More Information on Reasonable Accommodations:

Joint Statement from the Department of Housing and Urban Development and the Department of Justice,

May 17, 2004 on

Reasonable

Accommodations available at:

http

://

www.hud.gov/offices/fheo/library/huddojstatement.pdf

Department

of Housing and Urban

Development, April 25, 2013 on Service and Support Animals available

at

:

https://

portal.hud.gov/hudportal/documents/huddoc?id=serv

animals_ntcfheo2013-01.pdfSlide21

Examples of Accommodations

Tenant is prescribed an emotional support dog, but LL has a no-pets policy. LL must make an exception and

not

charge pet rent or a pet deposit.

Tenant with mental illness cannot remember when or if she paid rent. As part of an accommodation, the eviction might be put on hold while her mother becomes her representative payee so that mother may make timely rent payments for her daughter.

Tenant whose child had severe asthma was granted the ability to move to a unit away from a smoker without the imposition of a transfer fee.Slide22

Best Practices

Tenant should request a reasonable modification or accommodation in writing and state a deadline

Ask for a meeting to discuss alternative arrangements that can be made, if the LL determines the accommodation/modification is not reasonable or feasible

If the request is denied or ignored, tenant may file an informal complaint or bring a lawsuit

Tennessee Human Rights Commission

Office of Civil Rights (tax credits)

Department of Housing & Urban DevelopmentSlide23

FHA: Protections for Domestic Violence Victims

The Fair Housing Act prohibits discrimination of

women

who are victims of domestic violence based on

gender

discrimination

Disparate impact

Remember the FHA applies to all

dwellings

regardless of funding

Note: a domestic violence victim can be evicted for

other

reasons unrelated to domestic violence (non-payment of rent, drug activity, etc.)Slide24

Violence Against Women Act:Additional Protections

Tenants at subsidized or public housing units have additional protections under the Violence Against Women Act (

VAWA)

VAWA does

not

apply to private LLs who do not accept government funds

Enforcement/Remedies:

A victim’s lease cannot be terminated due to domestic violence against the victim

A victim can ask for a transfer to another unit in public housing or to take the voucher and move

A lease can be bifurcated to evict the abuser and leave the victim’s portion of the lease in place

Victim’s chance to qualifySlide25

VAWA/FHA Violations

“Your boyfriend broke into your apartment and assaulted you, resulting in damages to the apartment.”

“You were stabbed in your apartment by your ex-boyfriend. We do not tolerate this criminal activity.”

“Police called me at 2 a.m. for the 3

rd

disturbance at your unit

.”Slide26

Preventing Evictions of Survivors

Documentation of abuse

Victim’s sworn account of abuse

HUD’s DV Certification

Police report*

Court records (Order of Protection, divorce, DA’s dismissal of criminal charges against victim)

Statement of employee, agent, social services provider, attorney, or medical professional helping with the abuse

Common problems

Abuser calls police first and charges victim

Abuser lies to police or landlord and states that he lives there

Abuser uses housing to control victim (i.e. drugs)Slide27

Important Notes

LL can accept victim’s verbal statement alone regarding the abuse

LLs cannot require a tenant to get an Order of Protection as a condition of keeping their housing

Blount County Circuit Court has ruled that an eviction based on domestic violence cannot be cured by the LL with a supplemental notice

Evictions on the basis of domestic violence are “fatally flawed” from the beginningSlide28

Questions?For clients:

Complete an intake by calling LAET at 865-637-0484

For advocates, agencies, etc.:

Christina

Magráns

Legal Aid of East Tennessee

865-637-0484

cmagrans@laet.org