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Domestic violence law and your rental

By
Services for Real Estate Pros with Homepointe

Senate Bill 782 pertains to residential tenant leases and instances of domestic violence.  It is important to know this law and how it can effect your rental property.  In a nut shell SB 782 permits residential tenants to break leases when they are victims of domestic violence.  The tenant must provide evidence of a police report or restraining order detailing the need to break the lease.   This year the law increased the period of time a tenant must notify the landlord of such an incident from 90 days to 180 days.  If the tenant decides to stay at the property they may notify the landlord of the need to change the locks of the rental.  The landlord must change the locks within 24 hours.  The landlord must comply and change the locks--or permit the tenant to change the locks--within 24 hours or be personally liable for damages if an unfortunate related event occurs.  SB 782 does not provide specific language to determine who covers the cost to change the locks.  A good practice may be to make this an owner expense the first time locks need to be changed.  Additional incidents would be a tenant expense.  There is additional language in SB 782 specifying accepted protocols for co tenants who are experiencing domestic violence.  It is important to understand the rights of the accused as well as the victim in these situations.  Agents and landlords can be caught in the middle if they do not act in accordance with the law.

If you have any questions about domestic violence and rentals or if you have information to share I encourage all to work together regarding this.

James Safonov

Homepointe Property Management

jsafonov@homepointe.com

#916-781-7075 x650

www.homepointe.com 

Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

Thank you very much for this information. I hope I never have to use it but it certainly better for me and my clients that I know about this law and inform my clients where necessary!!! Thanks again..

Feb 19, 2011 10:31 AM
Maria Couto
RE/MAX Premier - Berkeley Heights, NJ
Realtor with "Results That "MOVE" You'

I don't do many rentals, but that had never had crossed my mind. I have to look at NJ law and see where that issue stands.

Feb 19, 2011 10:35 AM