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Can a Tenant Break a Lease Due to Domestic Violence?

By
Real Estate Technology with Rentec Direct

 

Can a tenant break a lease due to Domestic Violence?

The first thing a landlord should do is to check local state laws, and if applicable, any local statues that cover domestic abuse and tenant rights.  Under most landlord-tenant laws the tenant cannot be excused from paying rent when he/she breaks a lease before it expires.  But many states have passed legislation giving domestic abuse victims the right to break a lease without penalty or paying future rent.  Some of the states such as Oregon, New York, Washington, Minnesolta, North Carolina and others are on this list.  Many require the victim notify the landlord of intention to terminate the lease.  Some require 30 or 60 days notice.  Some require proof of abuse, such as a protective order or police report. Again make sure to check your state's landlord-tenant laws.

 

I have seen in my days of property management, owners are very understanding and in some cases have taken a financial loss in these type of circumstances. A person's life and well-being is way more important.

 

 

October

Domestic Violence Awareness Month

 

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Kathryn

Rentec Direct Property Management Software

 

 

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Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS
I would never have considered that a possibility - good post!
Oct 15, 2013 05:57 AM
Janell Kittleson
Rentec Direct - Grants Pass, OR
Rentec Direct

It would seem to always in the interest of the PM or landlord to break a lease under those circumstances rather than play it tough. On the rare case someone is lying, seems a loss you ought to be willing to make considering the alternative.  Seems like not only good karma but good business.

Oct 15, 2013 07:24 AM
Dulcey Schuster
Rentec Direct Property Management Software Tenant Screening - Grants Pass, OR
Property Management Software

I think letting the tenant terminate the lease early would be a good choice as well, if not because it is the nice thing to do but also because domestic violence and property damage often go together...

Oct 15, 2013 12:24 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

NOLO Press has an excellent resource for landlords and property managers to know what their STATE/locality requires them to do and what is required by their tenant....Just asking to have the rental unit's locks changed is not enough!

http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-6.html

Oct 16, 2013 09:39 PM
Brian DeYoung
also affiliated with Berkshire Hathaway Home Services Heritage Realty - Ithaca, NY
The Realtor with personal investment background

additionally, in my area you cannot terminate a lease, nor deny a lease because of domestic violence.

Think about that.

Oct 17, 2013 07:06 AM
Tracy Lee Parker
RE/MAX DFW Associates - Royse City, TX
Buy*Sell*Rent

In Texas you can terminate with proof , includes stalking.

Oct 22, 2013 05:05 AM