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collinsdean · Dec 10, 2007, 03:00 PM

Assume I have a tenant who is disabled (as defined by the ADA), and their lease has expired, how should I go about securing their departure (eviction?) without violating the Fair Housing Law or ADA's provisions?

shygrneyzs · Dec 10, 2007, 03:12 PM

What are you evicting that person for?

collinsdean · Dec 10, 2007, 05:47 PM

Originally Posted by shygrneyzs

What are you evicting that person for?

I used the word "eviction" as a generality. I intend (if legal) to NOT renew, extend, or go month-to-month on a 1 year lease when it expires (end of contractual period - one year lease). At the point where the tenant has been notified that the lease will not be renewed and the lease period has expired, eviction MAY be necessary in order for the owner to secure possession of the property.

The only REASON the tenant would be evicted would be: the lease has expired, the owner wishes to re-assume possession of his property and the tenant refuses to vacate. There might be a myriad of perfectly valid reasons the owner wishes to resume possession: extensive repairs and remodeling, personal use, expansion and attachment to adjoining adjacent buildings, retire from being a landlord, etc, etc.

I should point out that this property is a free standing cottage that shares the back yard and driveway with landlord's dwelling.

shygrneyzs · Dec 10, 2007, 06:23 PM

You say that there may be a myriad of valid reasons and I agree, there might be. But what is your reason, beyond that you do not want to extend the lease? If any of your reasons pertain to a disability, what is your backup on that?

You need to give your tenant the appropriate notice, usually 30 days, in order that they can find another place to live. Any tenant can understand the need to move if you are doing major repairs, remodeling, or if you are simply retiring from being a landlord.

If, at the end of the thirty days, the tenant has not moved, you need to pursue this legally. Often requiring a sheriff's coming with the notice of eviction, which usually gives the tenant 72 hours.

Since you mentioned the ADA and Fair Housing, check with your attorney. You do not need a lawsuit from the tenant if he or she feels the notice to vacate is motivated by their disability.

Fr_Chuck · Dec 10, 2007, 06:32 PM

At best the court would give them expeted time 30 to 90 days, but they would have to pay during this time,

collinsdean · Dec 10, 2007, 07:05 PM

I have been told by one attorney that I need no reason whatsoever once the lease has expired, and by another that as the tenant is a 'disabled person' as defined by the ADA I cannot refuse (for any reason - short of going out of the rental business for all time) to renew the lease.

Just talking to a lawyer does not always lead to an answer.
What is the red-letter Fair Housing Law on this subject?

Fr_Chuck · Dec 10, 2007, 07:16 PM

You can evict them for any reason you can another tenant, but you can not evict them because of their disability, unless that medical problem is harming the home and they refuse to fix it.

For example in some states you as the landlord have to make the entry and bath accessible. But if for example their electric wheel chair is leaking oil and destroying the rug, you can demand the rug be replaced by them.

But if you are going to keep renting the house to someone, why are you wanting to evict them, the judge will ask that, you have to have a reason to evict if you are not going out of the rental business. Late payments, complaints of neighbors on noise,