Can a landlord legally evict a tenant with disabilities?

3 April 2024

Landlords cannot evict a tenant because of their disabilities. Choosing to evict a multifamily property tenant based solely on their disability is both illegal and unethical.

There are scenarios where a tenant with disabilities engages in actions that could lead to eviction, such as non-payment of rent or lease violations. This raises a complex question: under what circumstances can a landlord evict a tenant with disabilities without violating fair housing laws?

In this guide, we explain the legal landscape of eviction and disability. We explain the conditions under which eviction is permissible, ensuring that all actions follow federal and state regulations.

Understanding fair housing laws

Fair housing laws are designed to ensure equal housing opportunities for everyone, regardless of their background or circumstances. Landlords and property managers of a commercial or residential multifamily property need to understand the fair housing laws as they outline how to treat all tenants fairly.

Fair Housing Act – 1968

The Fair Housing Act of 1968 prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, or disability. This means that landlords cannot refuse to rent to someone, charge them more, or provide different services based on these protected categories.

For tenants with disabilities, this act also ensures they have the right to reasonable accommodations in their living space. This can include reasonable modifications to their unit or common areas at no extra charge to them to ensure they can enjoy their housing. There are also specific laws for multifamily properties, which must be designed and built to be accessible to individuals with disabilities.

Prohibitions against discrimination

Landlords and property managers are prohibited from any type of discrimination against multifamily renters. Discriminatory actions against disabled individuals can take many forms, from refusing to rent to charging higher rent to isolating them from other tenants. Landlords and property managers must recognize and avoid these discriminatory practices to comply with fair housing laws.

Discrimination is also about the failure to act when necessary. Landlords must be proactive in addressing accessibility issues and accommodating the needs of tenants with disabilities. This might involve installing ramps, modifying restrooms, or making other necessary adjustments to the property. These changes are required by law, but they also play a big part in making sure your property feels welcoming and inclusive for everyone, including tenants with disabilities.

The eviction process for tenants with disabilities

Landlords must not evict the tenant based on their disability or the request for reasonable accommodations. The eviction process for tenants with disabilities has the same legal requirements as for any other tenant. It’s only acceptable to proceed with an eviction if the tenant has violated the terms of the lease, such as failing to pay rent, causing significant damage to the property, or engaging in illegal activities.

Evicting any tenant, regardless of abilities, can be challenging, costly, and time-consuming. Before evicting a tenant with disabilities, it’s recommended to try alternative solutions. These could include negotiating payment plans for overdue rent, engaging in mediation to resolve disputes, or offering other forms of assistance to help the tenant meet their lease obligations. If these steps don’t resolve the issue, you can then begin the eviction process.

How to evict a tenant with disabilities

Evicting a tenant with disabilities follows the same legal framework as evicting any other tenant, but with added considerations for fairness and accommodation.

Here is a step-by-step guide on how to approach this process:

Step 1: Review the lease agreement and gather evidence

The first step to take is to review the lease agreement to identify any violations and collect evidence of these violations. Evidence can include payment records, photographs of damage, or police reports.

Step 2: Provide notice

The next step is to provide the tenant with a formal eviction notice as required by your state’s laws. This notice should specify the reason for the eviction and the time frame in which the tenant must either fix the violation or vacate the property.

You need to ensure the notice is accessible to the tenant, considering their disability. For example, provide the notice in a format that is accessible to tenants with visual impairments if necessary.

Step 3: File for eviction

If the tenant does not remedy the violation or voluntarily vacate the property, you will need to file an eviction lawsuit in court. Be prepared to provide all documentation of the lease violations and any communication with the tenant regarding the eviction process.

Step 4: Attend court hearing

You will need to present your case in court and show evidence of the lease violations and your adherence to legal procedures for eviction. Throughout the court process, ensure you treat the tenant with respect, acknowledging their rights and the challenges they may face due to their disability.

Step 5: Evict the tenant

If the court rules in your favor, you will receive an order of eviction. Only then can you legally proceed with evicting the tenant. To ensure the process is handled legally and ethically, carry out the eviction with the assistance of a sheriff or court officer.

Multifamily property management software can help landlords and property managers during an eviction process. This software can keep detailed records of all communications, document any lease violations, and track the progress of the eviction. By providing a centralized platform for all related documentation and communications, this software enables an easier and more compliant eviction process.