Leasing Agents Must-Know: Can Domestic Violence Become a Reason to Evict a Tenant?

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Domestic violence has become a common crime nowadays. It is not always physical assault. Domestic violence is any act done on purpose to gain control over someone’s partner, spouse, or any family member. To learn more about domestic violence, here are some of the types:

  • Physical and sexual abuse
  • Emotional abuse and intimidation
  • Verbal abuse
  • Isolation

As you can see, domestic violence does not always leave a visible mark, and that’s why it is difficult to identify with some people. Emotional abuse, verbal abuse, and intimidation are sometimes unidentifiable. Some do not know that, what their partners are doing, is considered abuse. For example, not allowing their partners to wear certain clothes, monitoring their phones, and manipulating them into thinking they are incapable of being independent.

It is easy to identify a victim who has gone through physical and sexual abuse because of marks on the body. They may have bruises or injuries caused by hitting, slapping, punching, etc. If domestic violence occurred inside a rental property, can the landlord evict the tenant? Some might think that it is not the landlord’s job to meddle with such affairs, but it is. The landlord must provide a safe environment for his tenants, and that includes the people around them. They must not also subject the tenant to discrimination for being a victim of the domestic violation.

The VAWA (Violence Against Women Act) is legislation to help protect abused women. It sets the standards in dealing with domestic violence, including what the landlords should do. According to the VAWA, the landlord is not allowed to:

  • Reject an application to rent because the tenant is a victim of domestic violence.
  • Evict a tenant because she is a victim of domestic violence or stalking regardless if it took place inside the property, and the abuser was a household member or guest.

However, it does not end there. If the landlord has a victimized tenant, he can push through with the eviction if the following are present:

  • The aggression becomes a threat to other tenants and employees if the tenant stays on the property.
  • The tenant has other violations against the lease agreement that will usually get them evicted anyway.

If the tenant insists on her rights as a victim, the landlord must ask for certification to prove that the abuse occurred. The victim has 14 days to collect the required documents such as medical and police reports. All the information about the tenant, and her experience, must be kept private. The landlord must not disclose anything unless the tenant permitted it in writing or during case trials.

Tenant safety is a top priority for landlords. They have the authority to evict a tenant who committed domestic violence without evicting the victims. It is not fair to punish all the household members for one person’s behavior. In situations like this, it is best to consult a lawyer to determine the correct course of action. The landlord should follow what the law says to avoid any complications.

A landlord may hesitate to evict a tenant because this will result in a financial loss, particularly if the other family members decide to end their lease. They might consider the rental property unsafe, or they want to move away from their trauma.

If that is the case, the landlord will have to accept that he will have a vacant property. The only thing he can do is find new occupants, and that’s where you come in. To find new tenants, why not try using Padleads? It is an avenue to post property listings, and you can syndicate them to popular websites online. You’ll fill in that vacancy in no time.

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