When An Abuser Is Evicted By A Family Court, The Landlord’S Responsibility?

Domestic violence can take various forms and is often under the radar of outside observers. However, landlords may want to evict the abuser, but not the victim or other bystanders. Under Virginia Unfair Housing Practices Act (VAWA), landlords have the power to split a lease to evict an abuser from a household while allowing the abused family members to stay in the rental. Some state laws allow landlords to release the victim of domestic violence in nonpayment cases.

Evictions are not typically based on the basis that the abuser has violated the lease agreement. If both the tenant and the abuser are on the lease, the abuser can be evicted. However, landlords may also evict the victim as well as the abuser when this is required to keep other tenants safe.

Landlords can divide the lease to evict the abuser, issue a seven-day notice of termination to terminate the tenancy, provide an eviction defense if the landlord tries to evict the victim because the abuser committed a crime or lease violation at the rental unit, or contact the police if a wife is on the tenancy agreement with her domestically abusive spouse.

Landlords cannot evict a tenant that becomes a victim of domestic abuse that took place on the property, including stalking and dating violence. The building owner may evict, remove, or terminate the lease of a single tenant who commits physical violence against family members or others. To claim VAWA protections, first inform the landlord that the violation is related to domestic violence, dating violence, sexual assault, or other forms of abuse. Under Section 1108, the landlord can even do so without a court order as long as they have a reasonable belief that the perpetrator is an abuser.

Can A Landlord Evict An Abuser?

If an abuser is a tenant on the lease, a landlord has the authority to bifurcate the lease and evict the abuser while permitting other tenants, including the victim, to remain. However, this process must comply with all relevant federal, state, and local laws, which can be complex and vary by jurisdiction. In cases of domestic violence, landlords may face challenges in balancing their responsibilities to protect victims and uphold property values.

If both the victim and the abuser are named tenants or if the abuser is the sole tenant but the victim resides there, the landlord may proceed with an eviction of the abuser. Victims, under laws such as the Violence Against Women Act (VAWA), cannot be evicted for transgressions linked to their status as victims. Furthermore, even if an abuser is evicted, the victim may still be permitted to stay in their home.

Landlords can issue eviction notices for harassment or criminal activities but cannot penalize or evict a tenant solely for being a victim of abuse. Illinois law, for instance, offers additional protections for tenants facing domestic violence, ensuring they cannot be evicted based on violence or disturbances caused by their abuser. Tenants have legal recourse and can seek damages from landlords for harassment or improper eviction attempts.