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Louisiana Domestic Violence/Rental Property Law
Posted on 7/10/15 at 9:06 am
Posted on 7/10/15 at 9:06 am
Has anyone read Senate Bill 174 that "Provides certain accommodations upon reasonable documentation presented by domestic abuse victims who lease residential dwellings." From what I can tell, since I only have 1 unit in a 4 unit building that I rent out, I'm not subject to the law, but I'd still like a plain text description of what it says.
1
Posted on 7/10/15 at 10:21 am to CubsFanBudMan
Yes, if you only rent out 1 unit in a 4 unit building and have no other rental property, this would appear to not apply to you, legally.
I do hope you are a good person and if a tenant would otherwise qualify due to a domestic abuse situation, that you try to do the right thing by them.
I do hope you are a good person and if a tenant would otherwise qualify due to a domestic abuse situation, that you try to do the right thing by them.
Posted on 7/10/15 at 11:12 am to LSUFanHouston
quote:
I do hope you are a good person and if a tenant would otherwise qualify due to a domestic abuse situation, that you try to do the right thing by them.
That's why I'm trying to figure out exactly what the law states. I may not be subject to the law, but still want to do the right thing.
Posted on 7/10/15 at 1:49 pm to CubsFanBudMan
I just did a quick scan of the linked page. But under Section D, I can easily see how this could be a problem for a landlord/lessor. Let's say Betty Lou and Jim Bob get nutty over who won the last NASCAR race. Let's say they're in a 4-plex I own and have never been ideal tenants: noise complaints and cops always being called. So Betty Lou calls the cops and Jim Bob gets hauled in and slapped with a protective order. Betty Lou moves in some feller named Cletus the next week. More bullshiite ensues.
My way has always been to begin eviction proceedings based on violation of the "quiet enjoyment" clause in my rental contracts, among other things. Now, while I haven't read this carefully (and it doesn't affect me - YET), I see this as the government further encroaching on my private property rights. Yeah, there are some sad domestic abuse situations. And there are also more than a few mutual combat situations that rely on the current wave of political correctness and gender sensitivity to create special rules for special people... in this case, at the expense of the other tenants, who have the right to not have to put up with a bunch of rowdies.
IMO, even a bad public advocate (which is the average one that I've gone up against in evictions) could keep a landlord tied up in court for months by using this law.
Emotions and political correctness aside, solely on the facts, how are other landlords here reading this law?
My way has always been to begin eviction proceedings based on violation of the "quiet enjoyment" clause in my rental contracts, among other things. Now, while I haven't read this carefully (and it doesn't affect me - YET), I see this as the government further encroaching on my private property rights. Yeah, there are some sad domestic abuse situations. And there are also more than a few mutual combat situations that rely on the current wave of political correctness and gender sensitivity to create special rules for special people... in this case, at the expense of the other tenants, who have the right to not have to put up with a bunch of rowdies.
IMO, even a bad public advocate (which is the average one that I've gone up against in evictions) could keep a landlord tied up in court for months by using this law.
Emotions and political correctness aside, solely on the facts, how are other landlords here reading this law?
Posted on 7/12/15 at 9:38 pm to Jag_Warrior
How I read it is:
C: I can't forbid my tenant from calling the police, and I can't charge a fine if they do. (Who would do that???)
D1: I can not disqualify a potential tenant based on the fact that they have been subject to domestic violence in the past.
D2: I can not kick someone out (terminate lease, evict, or not renew lease) because they were a victim of domestic violence.
F1: If the tenant is a victim of domestic violence, and has the written documentation outlined in E, they can terminate the lease early without risk of losing deposit, unless the deposit is held to cover damages.
F2: If there are multiple tenants named on the lease, and one of them qualifies for part F1, than all tenants are released from the lease.
I have a few problems with this law. If couple A and B get into a fight, and B hits A, then I have no problem with releasing A from the lease. However, B should not be released from the lease.
If friends A and B are renting a unit, and A's significant other spends the summer break there, and a domestic abuse occurs, why should anyone be released frim the lease? Simply kick the SO out, and A and B can live happily ever after.
C: I can't forbid my tenant from calling the police, and I can't charge a fine if they do. (Who would do that???)
D1: I can not disqualify a potential tenant based on the fact that they have been subject to domestic violence in the past.
D2: I can not kick someone out (terminate lease, evict, or not renew lease) because they were a victim of domestic violence.
F1: If the tenant is a victim of domestic violence, and has the written documentation outlined in E, they can terminate the lease early without risk of losing deposit, unless the deposit is held to cover damages.
F2: If there are multiple tenants named on the lease, and one of them qualifies for part F1, than all tenants are released from the lease.
I have a few problems with this law. If couple A and B get into a fight, and B hits A, then I have no problem with releasing A from the lease. However, B should not be released from the lease.
If friends A and B are renting a unit, and A's significant other spends the summer break there, and a domestic abuse occurs, why should anyone be released frim the lease? Simply kick the SO out, and A and B can live happily ever after.
Posted on 7/12/15 at 10:52 pm to CubsFanBudMan
quote:Part of this law, I imagine, is to allow A to relocate so B doesn't know where A is, which may be necessary in extremely abusive relationships.
If friends A and B are renting a unit, and A's significant other spends the summer break there, and a domestic abuse occurs, why should anyone be released frim the lease? Simply kick the SO out, and A and B can live happily ever after.
Posted on 7/12/15 at 11:02 pm to CubsFanBudMan
Hells bells! Who wrote that law, Gloria Steinem with Barney Frank and Gloria Allred's help... while the spirits of Che Guevara and Chairman Mao chimed in?!
Talk about a cobbled together piece of anti-property owner mess!
Talk about a cobbled together piece of anti-property owner mess!
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