Housing issues / eviction

In general, although I cannot speak to STATE’s laws in particular, when a tenant is renting from a landlord, the landlord can decide not to renew the tenant’s lease for any non-discriminatory reason. So, for example, if a person is a month-to-month tenant, the landlord can give a 30-day notice to end the tenancy for any reason or no reason at all - as long as the reason is a non-discriminatory one. When I say “non-discriminatory reason” this refers to the Fair Housing Act, a federal law that prohibits discrimination in home sales, financing, and rentals. There are seven “classes” that are protected against discrimination under this law, which means that a landlord cannot refuse to rent to someone based on that person’s race, color, religion, national origin, sex, disability, familial status. However, just the fact that the person being evicted (or whose lease is not being renewed) is a different race, religion, etc., from the landlord doesn’t necessarily mean that s/he is protected – the person would have to have some sort of evidence that s/he is being discriminated against based on his/her race, ethnicity, etc. For example, if the landlord made a biased comment such as “I don’t want any Jews living her because Jews are cheap and don’t pay their rent,” a Jewish tenant may be able to prove that s/he was discriminated against due to his/her religion. You can read more about the Fair Housing Act on the US government website. Also, here is a link for more information about the Fair Housing Act and domestic violence. For specific advice, you would need to talk to a lawyer.

In some states, there are state laws that protect additional people, such as victims of domestic violence as well, from being discriminated against in housing. [CHECK TO SEE IF WE HAVE A HOUSING LAWS PAGE IN HER STATE AND IF SO, SEE IF IT ADDRESSES SPECIFICALLY DISCRIMINATION AGAINST DV VICTIMS - IF WE DON’T HAVE ANYTHING, LOOK HERE TO SEE IF THEY LIST A LAW AND IF SO, LINK TO THIS: https://www.nhlp.org/manuals/state-law-compendium-housing-rights-of-domestic-violence-survivors/].

A landlord can also terminate someone’s lease or sue the person for eviction if the lease is violated or if the rent is not paid on time. Or, if there is no lease, and the landlord asks the tenant to leave with proper notice, and the tenant doesn’t leave, the landlord can also sue to evict. When a tenant is sued for eviction, there can be negative consequences for the tenant because future landlords may be able to access the public courthouse records to see that the person was sued for eviction and may not want to rent to that person. Also, if a judgment of eviction or a money judgment is issued against the tenant, it can affect the tenant’s credit and have other consequences. Because of the potentially severe consequences of an eviction, in a few states and many cities there are free eviction lawyer to help tenants who are at risk of eviction, or who are being evicted. [SEARCH FOR “RIGHT TO COUNSEL”  LAWS IN THAT STATE OR BY CITY: You can consult with a lawyer who handles housing/eviction proceedings for more information and advice on your specific situation.] You can also find free and paid lawyers on our Finding a Lawyer page - some of these organizations will have assistance for evictions. [HYPERLINK]

[INCLUDE IF RELEVANT - IF THE PARTIES ARE MARRIED AND ONE SPOUSE IS WRITING TO ASK IF S/HE CAN EVICT THE OTHER SPOUSE: In general, however, if a couple is married, some states may not permit an eviction case in the housing court where one spouse who is the home owner (and who owned the house before the marriage) tries to evict the other spouse. In some states, such a court case may be possible but in other states, it may be required through a divorce proceeding (in which the judge decides who can live in the home). However, I cannot speak to the laws in your state and if they would allow married spouses to file to evict each other.]