To avoid a tenant withholding rent, suing you for failure to handle major repairs, or other legal hassles with tenants, follow these seven steps:

1. Comply with state and local housing rules. State laws generally require landlords to make all repairs and do what it takes to keep rental premises “fit and habitable.” Local housing codes are often more specific, when it comes to things such as structural requirements and essential services you must provide and maintain, such as plumbing.  Make sure you know your legal obligations under state and local rules. To get started, check out your state landlord-tenant laws.

2. Don’t allow nuisances. Anything that is dangerous to human life or detrimental to health may be considered a nuisance under local housing codes. Examples include inadequate plumbing or sewage facilities, excessive noise, or allowing drug dealing on rental property. Be sure your lease or rental agreement prohibits tenants from  causing disturbances, violating the law, or otherwise preventing neighbors from enjoying the use of their homes. Be sure to keep rental property clear of “attractive nuisances" that are especially dangerous to children, such as abandoned equipment  that draws children and is likely to  cause injury.

3. Don’t try to evade your legal responsibilities—for example, by having your tenants sign a lease waiving their rights to habitable housing.

4. Make sure your tenants know their legal obligations. These include keeping the rental unit as clean and safe as the condition of the premises permits; properly disposing of garbage and other wast; using electrical, plumbing, heating, and other facilities and systems; fixing things that the tenant breaks or damages; and reporting problems, such as broken front door locks or a loose step or hand railing, as soon as possible (but within the time limits set by any state law).

5. Repair what you provide or promise, such as a dishwasher or a swimming pool.

6. Establish a good repair and maintenance system. This includes setting up easy-to-follow procedures for tenants to ask for repairs, documenting all complaints, and responding quickly when complaints are made (definitely within the time any state law require).

7. Conduct annual inspections of rental units to check any potential safety hazards or maintenance problems that may have been overlooked.

Every Landlord’s Legal Guide, by Stewart, Warner, and Portman (Nolo), provides complete details and forms for establishing a solid repair and maintenance system.

When a tenant fails to pay rent, a landlord must take specific steps under the Alaska Uniform Residential Landlord & Tenant Act to force the tenant to either pay the rent due or move out of the rental property. Alaska law prohibits “self-help” eviction remedies; this means the landlord cannot take personal action to remove the tenant from the rental property, such as entering the home and changing the locks, without obtaining a court order (see AS 34.03.280). The first step a landlord must take to evict a tenant who has not paid rent is to serve the tenant with a Notice of Termination for Nonpayment of Rent under Alaska state law (AS 34.03.010 – 34.03.360).

This article explains the basics of evicting a tenant in Alaska for nonpayment of rent. It discusses the Notice of Termination for Nonpayment of Rent (referred to here as the “Notice”) that gives a tenant the right to pay the rent rather than face an eviction lawsuit. Landlords who do not want to give the tenant the option of paying the rent must use a Notice to Quit, which for a month-to-month tenancy, allows the tenant 30 days to move before the landlord can file an eviction lawsuit (see AS 34.03.290).

Notice of Termination for Nonpayment of Rent in Alaska

If the tenant does not pay rent on the day rent is due according to the lease or rental agreement, the landlord may serve the tenant with a Notice of Termination for Nonpayment of Rent. This Notice advises the tenant that the tenant must either pay the rent due or move out of the rental property within seven days of the notice (see AS 34.03.220).

What Is Included in the Notice of Termination for Nonpayment of Rent?

The State of Alaska provides landlords with a sample form to use as the Notice of Termination for Nonpayment of Rent. See Alaska court-approved Notice to Quit form for the form used for nonpayment of rent.

The landlord must include the following information when completing the Notice form:

• the name and address of the tenant
• the amount of rent presently owed by the tenant to the landlord
• the date and time by which the rent presently owed must be paid (at least seven days after the tenant will receive the Notice), and
• the name and signature of the landlord (see AS 09.45.105).

The Landlord’s Record of Service portion at the bottom of the form is left blank until after the landlord serves the tenant with the Notice (see the discussion below for details on completing the Record of Service at that point).

How to Serve the Tenant with the Demand for Nonpayment of Rent in Alaska

Once the Notice form is filled out, the landlord must serve the Notice on the tenant by delivering it to the tenant using one of the following methods:

• personal delivery to the tenant
• personal delivery to the tenant’s rental property given to any adult there with a request to give the Notice to the tenant
• by securely posting on the entry door of the rental property after knocking with no answer, or
• by registered or certified mail with a return receipt requested (see AS 09.45.100).

After the landlord serves the tenant with the Notice, the landlord should complete the Landlord’s Record of Service portion of the Notice on the landlord’s copy, including the following information:

• the name of the person served and the date, if served to the tenant or an adult at the rental property personally
• the date and time the Notice was posted on the entry door of the rental unit, or
• indication that the tenant was served by registered or certified mail and that the landlord has retained the return receipt of mail service.

If the landlord personally serves the tenant with the Notice, the tenant may be willing to acknowledge receipt of the Notice and sign the Landlord’s Record of Service. The landlord, or whoever performed the service of the Notice on the tenant, must sign and date the Record of Service.

Tenant Options When Served with a Seven-Day Notice of Termination for Nonpayment of Rent

The tenant’s response to a Notice may have different consequences:

• If the tenant pays the rent within the seven-day time period, then the landlord cannot proceed with the eviction.
• If the tenant does not pay the rent, but moves out within seven days, the landlord may use the tenant’s security deposit (if any) to cover unpaid rent after following certain steps required under Alaska law. If the security deposit does not cover all the rent due and owing, including late charges, then the landlord can sue the tenant in small claims court for the rent still owed (up to the court limit of $10,000). See Nolo’s article for landlords on handling security deposit disputes in Alaska small claims courts.
• If the tenant does not pay the full rent within the seven-day time period and does not move out of the property, then the landlord can file a complaint in court to gain possession of the property.

Resources on Evictions for Nonpayment of Rent in Alaska

The Alaska Landlord & Tenant Act: what it means to you is a useful guide for landlords and tenants and has been approved by the Alaska Department of Law. Another useful site is the Alaska Legal Resource Center. For more articles on landlord-tenant laws in Alaska, including Alaska tenant rights to withhold rent and illegal eviction procedures in Michigan, see the Overview of Landlord-Tenant Laws in Alaska on the Nolo site. For more eviction-related articles, see the Evicting a Tenant or Ending a Lease section of the Nolo site, including Eviction Notices for Lease Violations in Alaska.

A landlord in Alaska may evict a tenant for violating a term of the lease or rental agreement – for example, by keeping a pet (if the lease prohibits pets), allowing more than one tenant to live in the rental apartment or house (if the lease allows only one tenant), causing extensive damage to the rental unit, or creating a serious health hazard on the property. The landlord in these situations may begin the eviction process by serving the tenant with a “Notice to Tenant of Termination of Tenancy” or a “Notice to Quit.” The eviction process described in this article also applies to situations in Alaska where the tenant remains in the rental unit after the lease term has ended or when the landlord simply wants to end a month-to-month or week-to-week rental agreement. The Alaska Uniform Residential Landlord & Tenant Act spells out details on these types of evictions: AS 34.03.220(a).

Alaska Eviction Notices: Notice to Tenant of Termination of Tenancy and Notice to Quit

A Notice to Tenant of Termination of Tenancy and Notice to Quit are two types of eviction notices that a landlord prepares, informing the tenant the reason the tenant must move out and providing the date for the tenant to do so. A Notice to Tenant of Termination of Tenancy is used when the tenant has violated the lease agreement, while a Notice to Quit is used when the initial rental or lease term has ended according to the lease or rental agreement and the landlord now wants the tenant to move out. However, both eviction notice terms are often used interchangeably. For the purpose of this article, “Notice to Quit” will be used for any referenced eviction notice.

Tenant Deadline in a Notice to Quit

Depending on the reason for the eviction notice, the landlord must give the tenant a deadline by which to move out of the rental unit.

If the landlord is evicting the tenant because the tenant is on a month-to-month or week-to-week rental agreement, the landlord must give the tenant a move date equal to one rental period – 30 days for a month-to-month rental agreement and seven days for a week-to-week rental agreement.

If the tenant has violated the lease or rental agreement, the landlord must give the tenant 10 days to move out or fix the violation. If the lease or rental violation recurs within six months of a prior violation for the same action or inaction by the tenant, then the landlord must only give five days’ written notice to the tenant to move out.

If the tenant has engaged in illegal activities on the rental property, such as activity involving a controlled substance or gambling, the landlord need only provide five days for the tenant to move out.

If a tenant or a guest of the tenant deliberately causes substantial damage to the rental unit, the landlord may serve notice indicating 24 hours for the tenant to move out. (Damage is defined as “substantial” if the loss, destruction, or defacement of property caused by the deliberate infliction of damage to the rental unit property exceeds $400).

Drafting the Notice to Quit

Alaska provides a helpful resource to aid landlords and tenants in preparing eviction notices: The Alaska Landlord & Tenant Act Guide. Page 33 of the Guide (Sample Notice Forms section) contains a sample “Notice to Tenant of Termination of Month-to-Month Tenancy (Notice to Quit),” and page 34 contains the week-to-week version. A sample “Notice to Tenant of Termination of Tenancy for Violation of Agreement/Law” can be found at page 38 of the Guide, and at page 39 is a sample “Notice to Tenant of Termination of Tenancy for Intentional Damage to Dwelling.”

Any of these sample Notice to Quit forms must be filled out by the landlord and include the following information:

• the name of the tenant,
• the address of the rental unit,
• the date
• a description of the reason for the notice
• the date for the tenant to move out, and
• the signature of the landlord or property manager (see AS 09.45.105).

The bottom portion of the Notice to Quit sample forms contains a “Landlord’s Record of Service.” This portion must be completed by the landlord after the tenant has been served with a copy of the Notice to Quit. (See discussion below for details on completing the Record of Service.)

How a Notice to Quit Is Served in Alaska

Once the Notice to Quit form is filled out, the landlord must serve the notice on the tenant by delivering it to the tenant using one of the following methods:

• personal delivery to the tenant
• personal delivery to the tenant’s rental property given to any adult there with a request to give the Notice to the tenant
• by securely posting on the entry door of the rental property after knocking with no answer, or
• by registered or certified mail with a return receipt requested (see AS 09.45.100).

After the landlord serves the tenant with the Notice to Quit, the landlord should complete the Landlord’s Record of Service portion of the notice on the landlord’s copy. The landlord must include on the Record of Service:

• the name of the person served and the date, if served to the tenant or an adult at the rental property personally
• the date and time the notice was posted on the entry door of the rental unit, or
• indication that the tenant was served by registered or certified mail and that the landlord has retained the return receipt of mail service.

If the landlord personally serves the tenant with the Notice to Quit, the tenant may be willing to acknowledge receipt of the notice and sign the Landlord’s Record of Service. The landlord, or whoever performed the service of the notice on the tenant, must sign and date the Record of Service.

The Effect of the Notice to Quit

After the landlord serves the Notice to Quit on the tenant, the date following the deadline date for the tenant to move out is the date the landlord may take further eviction action, if needed. If the landlord is evicting the tenant due to a lease or rental agreement violation, the tenant has the opportunity to cure, or fix, the violation with the 10-day period to move out. If the tenant does cure the lease violation, then the lease or rental agreement continues and the tenant does not need to move out of the rental property (see AS 34.03220).

Alaska Resources on Evictions

The Alaska Landlord & Tenant Act: what it means to you is a useful guide for landlords and tenants and has been approved by the Alaska Department of Law. Another useful site is the Alaska Legal Resource Center. For more articles on landlord-tenant laws in the state, including Eviction Notices for Nonpayment of Rent in Alaska and Illegal Eviction Procedures in Alaska, see Nolo’s Overview of Landlord-Tenant Laws in Alaska.

Alaska law sets out specific rules and procedures for evicting tenants, beginning with the landlord providing notice of termination of a lease agreement, or Notice to Quit (see the Nolo articles Eviction Notices for Lease Violations in Alaska and Eviction Notices for Nonpayment of Rent in Alaska for details). In many cases, a tenant will move out after receiving a termination notice, such as a seven-day notice of termination for nonpayment of rent. But that is not always the case. After receiving an eviction notice from a landlord, a tenant may attempt to fight the eviction by making a defense argument at the eviction hearing in an attempt to stay in the rental property longer.

This article summarizes defenses a tenant may use to stop or delay an eviction in Alaska, as well as key information landlords need to know before even starting the eviction process.

Reasons a Judge May Deny an Eviction in Alaska

The Alaska Uniform Residential Landlord & Tenant Act specifies defenses a tenant may raise which may prevent an eviction judgment from being entered by the judge. If, at an eviction hearing, the judge finds any of the following situations to be true, the judge will not enter a judgment in favor of the landlord (this means that the judge will not make the tenant move out of the rental property when the landlord is trying to evict the tenant).

Retaliation

It is illegal for a landlord to evict a tenant in retaliation against the tenant’s attempt to enforce the tenant’s legal rights under the lease or rental agreement, or other laws—for example, if the tenant reported a health or safety violation to authorities, or exercised a lawful act, such as joining a tenant organization (AS 34.03.310). See the Nolo article Alaska State Laws Prohibiting Retaliation for details.

Unreasonable Rules or Added Rules Not in Lease

A landlord may adopt rules and regulations regarding the tenant’s use of the rental property but they must be enforceable—for example, a rule or regulation must promote safety or welfare of the tenants, be related to protecting the rental property from abusive use, or fairly distribute services provided to the tenants. Furthermore, a rule must be relevant to its intended purpose, apply equally to all tenants, and be clear and simple enough to understand—and the tenant must have notice of such rules at the time the tenant enters into the lease or rental agreement with the landlord (see AS 34.03.130).

If a judge finds that the landlord is attempting to evict a tenant for violation of a rule or regulation that does not meet the above criteria required under Alaska law, or finds the rule did not exist at the time the tenant entered into the rental agreement or lease, the judge will deny the eviction. If the landlord adopts a new rule or regulation after the tenant entered into the lease or rental agreement, and the tenant did not have fair notice of the rule, or the rule substantially modified the terms of the rental agreement, the judge will deny the eviction for the tenant’s violation of such a rule.

Examples of how a landlord may attempt to adopt a new rule or regulation include increasing the tenant’s monthly rent under fixed-term lease (without a provision in the lease allowing the landlord to do so), or requiring the tenant to perform certain maintenance or repair responsibilities (without having this responsibility agreed to in the lease or rental agreement).

Self-Help or Improper Eviction

Finally, a judge may deny a landlord’s request for an eviction of the tenant if the landlord used prohibited self-help measures like changing the locks on the rental property, or causing an interruption of heat, running water, hot water, electric gas, or other essential services to the tenant in an effort to force the tenant to move out. (AS 34.03.280).

A judge may also deny a landlord’s request for an eviction if the judge finds the landlord did not provide proper notice or service of eviction papers, such as the summons and complaint, on the tenant.

Waiver of Landlord’s Right to Terminate

If the landlord accepts rent from the tenant after the landlord has knowledge that the tenant has violated the terms of the lease or rental agreement or the landlord’s rules and regulations, then the landlord has waived the right to terminate the rental agreement for that violation. For example, if the tenant violates the rental agreement by having a pet, when the rental agreement prohibits pets, and the landlord has knowledge the tenant has a pet, yet still accepts rent from the tenant, the landlord has waived the right to terminate the lease or rental agreement due to the tenant having a pet in violation of the lease agreement. (AS 34.03.240).

What if the Tenant Asks for More Time?

The tenant may ask the judge for more time to prepare a defense or to hire an attorney. Alaska law provides that eviction actions, or “Forcible Entry and Detainer” (FED) cases, take place in two stages – first, a hearing to decide whether the landlord or tenant should get possession of the rental property and second, a hearing to determine whether any damages, or monetary compensation, should be awarded to either party. The first hearing for possession will be scheduled within 15 days after the case has been filed in court and the tenant must receive notice of the hearing at least two days prior to the hearing. (Alaska R. Civ. P. 85(a)(2)). Given the fact that an eviction hearing is scheduled quickly, a judge may grant the tenant extra time to find an attorney to raise appropriate defenses.

Counterclaim Against the Landlord

There may be a situation in which an action or inaction by the landlord excuses the tenant’s payment of rent under the law or by the terms of the lease or rental agreement—in which case, the landlord would not have grounds to evict the tenant. A tenant may file a counterclaim for damages to offset the rent due to the landlord because the rental property is not fit for living. Examples of an unfit rental unit include a rodent infestation, a leaking roof causing damage inside the rental property living space, a broken furnace during cold temperatures, or the shut off of utilities, such as water or electricity, that is not the fault of the tenant. It is in the court’s discretion whether the tenant can remain in the rental unit pending the outcome of the counterclaim. (AS 34.03.190). See Nolo article Alaska Tenant Rights to Withhold Rent or “Repair and Deduct” for more on the subject.

Escrowed Rent

Any delay by the tenant in the eviction proceeding, including the filing of a counterclaim, may result in many months passing before a court makes a decision on the eviction. As such, the landlord will usually ask for rent to be escrowed to the clerk of the court during the delay or stay of the proceedings. The court will order the tenant to pay the monthly rent to the court, with the landlord’s hope that this money will be released to the landlord upon resolution of the court action. Escrowed rent prevents the tenant from living rent-free while the lawsuit is ongoing. However, if a counterclaim by the tenant involves lease violations by the landlord, the landlord has six months to cure the violations -- otherwise the judge may order that all rent paid into escrow with the clerk of the court be refunded to the tenant. (AS 34.03.190(a)(3)).

Negotiating an Agreement Between Landlord and Tenant

There may come a time when the landlord is better off stopping the eviction process to work with the tenant. If the tenant has a valid legal defense to the eviction, the landlord may need to continue the lease until he or she has a valid reason to evict the tenant or until the lease term ends. A landlord who pushes an improper eviction too far may end up being held responsible for violating discrimination or housing laws and may be required to pay the tenant’s attorney fees. It may also be possible for a landlord and tenant to agree to sign a new lease or rental agreement reflecting a new understanding between the parties, such as a reduced monthly rental rate or a shorter lease term. In some situations, a tenant may agree to move out if the landlord helps the tenant relocate to a new rental property or negotiates a financial settlement.

When to Hire a Lawyer

In many cases, landlords will want to hire an attorney, particularly if a tenant is not only fighting an eviction but also claiming damages against the landlord. Although Alaska law does not permit a jury trial for a possession hearing, it will be important for the landlord to hire an attorney who can present evidence and question the landlord on the stand so the judge is able to hear the landlord’s side of the facts.

Tenants who have questions about their eviction case or defense or are dealing with a landlord who has already retained a lawyer, should probably also contact a lawyer. A lawyer can handle the whole case or give a tenant advice on how to proceed. A lawyer can also let a tenant know how likely he or she is to win their case. Tenants may especially want to hire an attorney if they have a complicated case or if they are confident of their case and their lease or rental agreement entitles them to attorney fees if they win in court.

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Attorney.

Landlord-tenant law is not always straightforward or simple and advanced legal knowledge may be needed in many unique situations. Nolo’s Lawyer Directory includes landlord-tenant lawyers in Alaska who may be helpful in this regard.

Resources on Evictions for Nonpayment of Rent in Alaska

The Alaska Landlord & Tenant Act: what it means to you is a useful guide for landlords and tenants and has been approved by the Alaska Department of Law. Another useful site is the Alaska Legal Resource Center. See also, Nolo’s Overview of Landlord-Tenant Laws in Alaska for further landlord-tenant related information in Alaska.

Most states have laws governing what happens when a tenant moves out and leaves personal property behind. These laws may control matters such as how long you must wait before dealing with the property and what kind of notice, if any, you have to give the tenant before taking action.

Here are some answers to common questions about handling a tenant’s abandoned property in Montana.

If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow?
How much time does the tenant get to reclaim the abandoned property?
What should the notice say and how do I deliver it?
What are the rules about storing a tenant’s abandoned property?
I had to pay to store the tenant’s property. Will I be reimbursed for that?
Are there rules about selling the tenant’s property?
If I legally sell the tenant’s property, do I get to keep the proceeds?
When should I get a lawyer’s help?
Learn more.

If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow?

Montana law states that you may not sell, give away, or throw out abandoned property until you give the tenant notice and wait for a specified period of time. This rule doesn’t apply to trash, perishable goods, or items that are clearly valueless -- such as old newspapers or food in the refrigerator -- which you may dispose of immediately. (See Montana Code § 70-24-430(a).)

If it’s clear that an item of property is leased or covered by a “rent to own” agreement and you can easily identify the individual or business that may have a right to the property, you must try to contact the potential owner before disposing of the item. (See Montana Code § 70-24-430(b).)

How much time does the tenant get to reclaim the abandoned property?

In Montana, you must give the tenant a notice that includes a deadline for reclaiming their property. The deadline must be at least ten days from the day that you mail or deliver the notice. For example, if you mail the notice on March 1, the deadline may be March 11 or later. (See Montana Code § 70-24-430(3).)

Be certain the tenancy is legally complete before you send the notice and start the clock on the waiting period. If you need information on the right steps to take to legally end a tenancy, see Evicting a Tenant or Ending a Lease on Nolo.com, read Montana’s landlord statutes (see below), or consult a qualified lawyer.

What should the notice say and how do I deliver it?

The law requires you to “make a reasonable attempt to notify the tenant in writing” that you intend to dispose of the abandoned property if they don’t respond before the deadline. You must send the notice with a certificate of mailing or by certified mail to the tenant’s last known address. (See Montana Code § 70-24-430(3).)

For more tips on preparing the notice -- such telling the tenant where to reclaim the property and including a description of the property and its estimated value -- see Handling a Tenant’s Abandoned Property: Legal Notice Requirements.

What are the rules about storing a tenant’s abandoned property?

You must take inventory of the property and store it in a safe place, making sure to take reasonably good care of it. You won’t be liable for damage to the property unless you damage it on purpose or handle it negligently -- for example, by leaving a good sofa out in the rain. (See Montana Code § 70-24-430(2) and (6).)

I had to pay to store the tenant’s property. Will I be reimbursed for that?

If you take the tenant’s property to a commercial storage facility, you can charge the tenant for the actual costs of moving and storing the property. If you store the tenant’s belongings on your own property, you are allowed to charge a reasonable fee for that, too. The tenant must pay any storage and moving charges before reclaiming the property. If the tenant doesn’t pick up the property, you can use proceeds from selling the property to cover what the tenant owes you. (See below and Montana Code § 70-24-430(2), (5), and (8).)

Are there rules about selling the tenant’s property?

You may sell the tenant’s abandoned property at a public or private sale if:

• the tenant doesn’t respond to the notice by the deadline, or
• the tenant responds to the notice in writing but fails to reclaim the property within seven days following that response.

You aren’t required to sell every item. You can give away or toss out items that have little value, as long as you reasonably believe that the value of the property is so low that the cost of storing and selling the items would exceed what you could get for them at a sale. (See Montana Code § 70-24-430(4).)

If I legally sell the tenant’s property, do I get to keep the proceeds?

As mentioned above, you can keep enough of the sale profits to cover your expenses. These costs can include:

• giving notice
• storing and moving the property
• any charges related to holding the sale, and
• any debts the tenant still owes you, such as back rent or damages that weren’t covered by the tenant’s security deposit.

After covering your costs, you must give any remaining sale proceeds to the tenant, along with an itemized accounting from the sale. If you can’t find the tenant, you must deposit the funds with the treasurer of the county where you held the sale. If the tenant doesn’t claim the money within three years, it will be turned over to the county government’s general fund. (See Montana Code § 70-24-430(8).)

When should I get a lawyer’s help?

If you think the abandoned property is very valuable or if you have any reason to believe the tenant may cause problems later, talk to a lawyer before you do anything other than carefully store the tenant’s possessions. It’s particularly important to get a lawyer’s advice if you have any questions about:

• whether a tenancy has been properly terminated
• whether the tenant’s property is truly abandoned, or
• what you should do with the proceeds after selling a tenant’s abandoned property.

A good lawyer can help you protect yourself from claims that you have stolen or illegally destroyed a tenant’s property. You can search for an experienced landlord-tenant attorney in Montana using Nolo’s Lawyer Directory.

Learn more

To read Montana’s landlord laws, see Chapter 24 of the Montana Code.

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 10 Landlord Legal Responsibilities in Montana.

If you want a comprehensive legal and practical handbook for residential landlords, check out Every Landlord’s Legal Guide, by Marcia Stewart, Ralph Warner, and Janet Portman (Nolo).

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Alabama.

When Landlords May Enter a Rental Unit in Alabama

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Alabama state law (Ala. Code §§ 35-9A-303), landlords can enter rented premise in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections and repairs
•  to remedy a serious health or safety issue that the tenant has not taken care of after seven days written notice (see Ala. Code § 35-9A-422)
• pursuant to a court order
• if the landlord has reasonable cause to believe the tenant has abandoned the premises
• when reasonably necessary during a tenant’s extended absence, defined as a period of time in excess of 14 days (see Ala. Code § 35-9A-423(b)), or
• to show the property to prospective new tenants or  purchasers, if the tenant has agreed in writing to provide access for this purpose within four months of the expiration of the rental agreement, and only in the company of a prospective tenant or purchaser.

Notice Required to Enter Rental Property in Alabama

Except in cases of emergency, landlords who want to enter rental property in Alabama for the above reasons must give tenants at least two days’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times.

Your Legal Rights if Your Landlord Violates Your Privacy in Alabama

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Alabama

For more state-specific information, see the Alabama Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Alaska.

When Landlords May Enter a Rental Unit in Alaska

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that you can unreasonably refuse access to your dwelling when your landlord legitimately requires it. Under Alaska state law (Alaska Stat. 34.03.140), landlords can enter rented premises in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections and repairs
• pursuant to a court order
• if the landlord has reasonable cause to believe the tenant has abandoned the premises
• when reasonably necessary during a tenant’s extended absence, defined as a period of time in excess of seven days (AS § 34.03.230(b)), or
• to show the property to prospective new tenants, purchasers, or contractors.

Notice Required to Enter Rental Property in Alaska

Except in cases of emergency, landlords who want to enter rental property in Alaska for the above reasons must give tenants at least 24 hours’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times (such as weekday business hours), and with the tenant’s consent.

Your Legal Rights if Your Landlord Violates Your Privacy in Alaska

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Alaska

For more state-specific information, see the Alaska Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Arizona.

When Landlords May Enter a Rental Unit in Arizona

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Arizona state law (Ariz. Rev. Stat.  § 33-1343), landlords can enter rented premise in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections and repairs
•  to remedy a serious health or safety issue that the tenant has not taken care of within 14 days of receiving written notice (see Ariz. Rev. Stat. § 33-1369)
•  pursuant to a court order
• if the landlord has reasonable cause to believe the tenant has abandoned the premises, or
• to show the property to prospective new tenants, purchasers or contractors.

Notice Required to Enter Rental Property in Arizona

Except in cases of emergency, landlords who want to enter rental property in Arizona for the above reasons must give tenants at least two days’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times.

Your Legal Rights if Your Landlord Violates Your Privacy in Arizona

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Arizona

For more state-specific information, see the Arizona Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Arkansas.

When Landlords May Enter a Rental Unit in Arkansas

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Arkansas state law (Ark. Code Ann. § 18-17-602), landlords can enter rented premise in the following circumstances:

• to remedy a health or safety condition caused by tenant’s noncompliance (see Ark. Code 18-17-702 and 18-17-601);  landlord may enter immediately in cases of emergency, otherwise the tenant must remedy the health or safety condition within 14 days after receiving written notice
• to make needed inspections and repairs
• to investigate possible lease violations or criminal activity, or
• to show the property to prospective new tenants, purchasers or contractors.

Notice Required to Enter Rental Property in Arkansas

Arkansas law does not specify the amount of notice that landlords must give before entering the dwelling, so check whether your lease or rental agreement specifies a minimum amount of notice. If not, consider asking your landlord to give you at least 24 hours’ notice before entering, except when there is a true emergency or you invite the landlord to enter; in some cases, less notice might be fine—for example, if your landlord finds out on a Tuesday night that the plumber is available to replace the garbage disposal in your apartment the next morning.

Your Legal Rights if Your Landlord Violates Your Privacy in Arkansas

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Arkansas

For more state-specific information, see the Arkansas Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Connecticut.

When Landlords May Enter a Rental Unit in Connecticut

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Connecticut state law (Conn Gen. Stat. Ann. § 47a-16), landlords can enter rented premise in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections and repairs
• pursuant to a court order
• if the landlord has reasonable cause to believe the tenant has abandoned the premises
• when reasonably necessary during a tenant’s extended, or  
• to show the property to prospective new tenants, purchasers or contractors.

Notice Required to Enter Rental Property in Connecticut

Except in cases of emergency, abandonment, extended absence, or pursuant to a court order, landlords who want to enter rental property in Connecticut for the above reasons must give tenants reasonable written or oral notice of their intent to enter (unless the tenant agrees to little or no notice), and must enter only at reasonable times.  Check your lease or rental agreement which may provide more specific details on landlord entry.

Your Legal Rights if Your Landlord Violates Your Privacy in Connecticut

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Connecticut

For more state-specific information, see the Connecticut Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Delaware.

When Landlords May Enter a Rental Unit in Delaware

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Delaware state law (Del. Code Ann. tit. 25, § 5509), landlords can enter rented premise in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections, repairs and read meters of utility consumption
• if the landlord has reasonable cause to believe the tenant has abandoned the premises
• when reasonably necessary during a tenant’s extended absence, defined as a period of time in excess of seven days (see Del. Code Ann. tit. 25, § 5141(9) and § 5507(b)), or
• to show the property to prospective new tenants, purchasers or contractors.

Notice Required to Enter Rental Property in Delaware

Except in cases of emergency, landlords who want to enter rental property in Delaware for the above reasons must give tenants at least 48 hours’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times (defined as 8:00am to 9:00pm).

Your Legal Rights if Your Landlord Violates Your Privacy in Delaware

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Delaware

For more state-specific information, see the Delaware Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Florida.

When Landlords May Enter a Rental Unit in Florida

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Florida state law (Fla. Stat. Ann. § 83.53), landlords can enter rented premise in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections and repairs
• pursuant to a court order
• if the landlord has reasonable cause to believe the tenant has abandoned the premises
• when reasonably necessary during a tenant’s extended absence, defined as one-half the time for periodic rental payments, given that that the tenant did not notify the landlord of the absence, or  
• to show the property to prospective new tenants, purchasers or contractors.

Notice Required to Enter Rental Property in Florida

Except in cases of emergency, landlords who want to enter rental property in Florida for the above reasons must give tenants 12 hours’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times (defined as between 7:30am and 8:00 pm).

Your Legal Rights if Your Landlord Violates Your Privacy in Florida

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Florida

For more state-specific information, see the Florida Renters’ Rights Information section of Nolo. com.

Worried that your landlord is snooping around your apartment when you’re not around, especially if you’re on vacation? Wondering if the property manager can just enter your place any time to make a repair that you haven’t requested? What are your rights when it comes to your landlord showing your apartment to prospective tenants when you’re moving out?

Read on to learn tenant rights when it comes to landlord access to your rental unit in Hawaii.

When Landlords May Enter a Rental Unit in Hawaii

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Hawaii state law (Haw. Rev. Stat. § 521-53), landlords can enter rented premise in the following circumstances:

• in case of emergency, such as a fire or serious water leak
•  to make needed inspections and repairs
• pursuant to a court order
• if the landlord has reasonable cause to believe the tenant has abandoned the premises
• when reasonably necessary during a tenant’s extended absence (see Haw. Rev. Stat. § 521-70), or
• to show the property to prospective new tenants, purchasers or contractors.

Notice Required to Enter Rental Property in Hawaii

Except in cases of emergency, landlords who want to enter rental property in Hawaii for the above reasons must give tenants at least two days’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times, such as weekday business hours.

Your Legal Rights if Your Landlord Violates Your Privacy in Hawaii

Depending on the circumstances, it’s usually best to start by discussing your concerns with your landlord, and follow up with a firm letter asking for the invasive behavior to stop.   (See the Nolo article, Tenants’ Rights to Privacy, for advice on the subject.)

If your conciliatory efforts don’t work, and your landlord continues to violate your privacy without notice or legitimate reason, you may be able to sue your landlord in small claims court for money damages, on legal grounds, such as infliction of emotional distress or trespass. For advice on dealing with landlord invasions of privacy, see the Nolo article, Can I Sue my Landlord for Entering my Home Without Notice or Otherwise Invading My Privacy?

More on Tenant Rights in Hawaii

For more state-specific information, see the Hawaii Renters’ Rights Information section of Nolo. com.

Have you heard of the Fair Housing Act’s (FHA) design and construction requirements? Many landlords haven’t, and as a result, they have no idea if their buildings comply—or if their buildings even need to.

Although landlords aren't architects, you may be responsible for making your buildings accessible to tenants, and you could face legal trouble if your buildings weren't built in compliance with applicable requirements. If a prospect or tenant with a mobility impairment claims you didn't make your buildings accessible, he could complain to the U.S. Department of Housing and Urban Development (HUD). After reviewing the case, a judge may order you to spend a lot of money retrofitting your buildings to make them compliant, and you might also have to pay stiff penalties and damages to the complainant.

Step #1: Determine if Your Buildings Are Covered

The FHA’s design and construction requirements are the federal legal guidelines for basic accessibility, and they apply to many buildings that went into service after March 13, 1991.

So, if you own any multi-unit rental properties, there’s a good chance that one or more of your buildings are covered by the FHA’s design and construction requirements. Also, as time goes on, the likelihood improves that any building you’re considering purchasing should have been built in accordance with the requirements.

Rather than assume a building is covered, it’s important to take a moment to make this determination yourself. Then, you can assess whether your buildings, indeed, comply.

Your building is covered if the following three statements are all true:

• Your building has four or more apartments. The design and construction requirements apply only to “multifamily dwellings,”which means that a building must have at least four apartments to be covered (even if the apartments are detached from each other by means of a breezeway, stairwell, or other similar feature). Community rooms, game rooms, business centers, and fitness centers don’t enter the equation—to be covered, the building must have at least four rental units.
• Your building was “designed and constructed”for first occupancy after March 13, 1991. This means that your building wasn’t used for any purpose on or before this date. If, for example, even one tenant lived in your building on or before March 13, 1991, then your building doesn’t need to meet the FHA’s design and construction requirements.
• The last permit for the building was issued after June 15, 1990. If your building was designed and constructed for first occupancy after March 13, 1991, the FHA’s design and construction requirements don’t apply if the last building permit (or renewal) is dated after June 15, 1990. (The purpose of this rule was to give developers time to incorporate the requirements into the design and construction of their buildings.)

Step #2: Determine Which Apartments Are Covered

If you determine that your rental property is covered by the FHA’s design and construction requirements, your next step is to know which apartments must meet the requirements.

This is a simple inquiry, which hinges upon the existence of an elevator in your building:

• If your building has multiple floors with an elevator, then all apartments in your building are covered by the requirements.
• If your building has multiple floors without an elevator (or if it’s a single-story building), then only the ground-floor apartments are covered.

Step #3: Learn How to Comply with the FHA Rules

If some or all of your rental properties are covered, check the Nolo article, How to Comply With the FHA’s Design and Construction Requirements for advice on your responsibilities.

Additional Considerations

There are a few more important points to keep in mind when it comes to the FHA’s design and construction requirements:

1. Modification requests. If you determine that your buildings aren't covered by the FHA’s design and construction requirements, keep in mind that you must still consider prospects’and tenants’modification requests and grant them, if you determine that they’re reasonable. Also, even if your buildings meet the requirements, you must still consider requests for further modifications. See the Nolo article, Disabled Renters’ Housing Rights, for more information on the subject.
2. Renovations. If you determine that your building isn't covered by the design and construction requirements, renovations you make to the building normally won’t affect the building’s exempt status. But if you add a wing or other new section to your building, and this addition includes four or more apartments, the new section must be built in compliance with the requirements.
3. Federal assistance. If your building gets federal assistance, you may also need to comply with an additional set of accessibility standards, as outlined in the regulations for Section 504 of the Rehabilitation Act of 1973. For example, you may need to include a certain number of accessible apartments in your building.

If you own a building—or you’re considering purchasing one—that was first designed and constructed for first occupancy after March 13, 1991, chances are the Fair Housing Act’s (FHA) design and construction requirements apply. These seven requirements aim to ensure basic accessibility for tenants who have mobility impairments, especially if they use wheelchairs.

Although it’s up to a building’s architect to understand all the details of the accessibility requirements and incorporate them into a building’s plans, knowing the basics of the seven requirements can help you quickly assess whether your buildings comply.

Basics of the Seven FHA Design and Construction Requirements

Here’s a summary of the seven design and construction requirements:

Requirement #1: There must be an accessible building entrance on an accessible route. Buildings must have at least one accessible entrance on an accessible route, unless the terrain or other factors make this impractical. Let’s take this apart a bit:

• An “accessible entrance”is a door or other entryway that complies with detailed specifications. It must be at least 32 inches wide, have a low (or no) threshold with clear maneuverable space inside and outside the door, and be equipped with a door that requires little force to open, contains accessible hardware, and has a safe closing speed.
• An “accessible route”is a continuous, unobstructed path connecting accessible elements and spaces within a building or property, such as parking spaces, transportation stops, loading zones, public streets, and sidewalks. The route must be easy to navigate and safe for someone using a wheelchair.

Requirement #2: Common and public use areas must be accessible. Common use areas, such as a mail room, laundry room, storage area, and hallways, must be accessible. This means, for example, that your laundry room should include front-loading washers and dryers with side-hinged doors or assistive devices (such as reachers) that let disabled tenants use top-loading machines. In addition, if you have public use areas, like your rental office or rooms you rent out for special occasions (such as parties or wedding receptions), these too must be accessible.

Requirement #3: Doors must be usable by a person in a wheelchair. All entrance doors and those within your building must be wide enough (generally, this means at least 32 inches in width) for wheelchairs. This requirement applies to doors that lead to walk-in closets, but it doesn’t apply to doors for linen closets (which have shelves in easy reach) and any other situation where the door isn’t intended for passage.

Requirement #4: There must be an accessible route into and through an apartment. Routes that tenants take from the entrance to their apartment to decks and patios must be accessible for wheelchairs. This means they should be at least 36 inches wide (except when the route passes through interior doors, at which point they need be only 32 inches wide), so that tenants can comfortably make 90-degree turns with their wheelchairs. You must also comply with specifications for minimum height or headroom, and you must make sure that accessible routes are free from protruding objects. Level changes are also restricted, usually to no more than 1/4-inch (or 1/2-inch, if tapered). Finally, if you have special design features, such as split-level entries, sunken living rooms, and loft areas, you must follow requirements for making sure they have accessible routes.

Requirement #5: Light switches, electrical outlets, thermostats, and other environmental controls must be in accessible locations. Tenants who use wheelchairs need to be able to comfortably reach electrical switches, outlets, and thermostats. This means that thermostats must be low enough not only to reach but to read, and there must be clear knee space below a counter top to allow a tenant in a wheelchair to reach an outlet on the wall above it. Note that this requirement doesn't cover controls on movable appliances, range hoods, garbage disposals, special-use wall outlets (a rarely used outlet that’s dedicated for a specific appliance), circuit breaker panels, and telephone/television jacks.

Requirement #6: Bathroom walls must be reinforced for later installation of grab bars. Installing grab bars isn't part of the FHA’s design and construction requirements, but it may be required if a tenant requests grab bars as a reasonable modification. This means that bathroom walls must be reinforced, often with solid-wood backing that’s securely anchored to studs, so that the bars can be safely added to the walls.

Requirement #7: Kitchens and bathrooms must be usable by a tenant in a wheelchair. A tenant using a wheelchair must be able to move about kitchens and bathrooms, and operate their fixtures and appliances. For example, kitchens must have clear floor space at ranges, stove tops, and sinks so that there’s ample room for a tenant in a wheelchair to make a parallel approach. Similarly, bathrooms must offer enough maneuvering space to permit such a tenant to enter and close the door, then reopen the door and leave.

Safe Harbors for Compliance

The U.S. Department of Housing and Urban Development (HUD) has approved ten design and construction standards that builders and developers may follow to ensure compliance with accessibility requirements. If your buildings were designed and constructed in adherence with any one of these “safe harbors,” HUD will consider them to be in compliance with the FHA’s design and construction requirements:

• HUD Fair Housing Accessibility Guidelines (published March 6, 1991) and the Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines (published June 28, 1994)
• HUD FHA Design Manual (published in 1996 and revised in 1998)
• ANSI A117.1 (1986), used with the FHA, HUD’s regulations, and the Guidelines
• CABO/ANSI A117.1 (1992), used with the FHA, HUD’s regulations, and the Guidelines
• ICC/ANSI A117.1 (1998), used with the FHA, HUD’s regulations, and the Guidelines
• Code Requirements for Housing Accessibility 2000 (CRHA) (approved and published by the International Code Council (ICC), October 2000)
• International Building Code 2000 (as amended by the 2001 Supplement to the International Codes)
• International Building Code 2003 (with a condition)
• ICC/ANSI A117.1 (2003), used with the FHA, HUD’s regulations, and the Guidelines, and
• International Building Code 2006, with the 2007 erratum, and interpreted in accordance with relevant 2006 IBC Commentary).

Learn More About Accessibility Compliance

HUD, along with the U.S. Department of Justice, issued a Joint Statement in 2013, which provides plain-English guidance on the FHA’s accessibility requirements in the form of a helpful Q&A. Check out the document, entitled Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act. Also, visit www.fairhousingfirst.org, for additional technical assistance for complying with the requirements. Finally, read the Nolo article, Do the FHA's Design and Construction Requirements Apply to Your Property? to learn more about how to determine if the FHA rules apply to your buildings in the first place.

“Steering” is an industry term that every residential landlord should know as part of an effort to treat prospects fairly and avoid liability for housing discrimination. It refers to a set of situations in which a landlord tries to guide tenants to certain parts of a building or discourage them from renting there at all, based on a discriminatory reason. Compared with turning away rental applicants altogether based on race, religion, disability or another protected class, steering is a subtle act. But it’s also an illegal practice that could lead to costly liability under the Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631).

Why Is Steering Against the Law?

You might think that as long as you’re willing to rent to any type of tenant, you won’t violate the FHA. But the law is broad in the way it protects people against housing discrimination. Steering is considered a violation of the FHA because it interferes with a prospective tenant’s ability to make housing decisions.

If a tenant’s choices are artificially limited because of a protected class, it means the prospect must face obstacles the others don’t have when apartment hunting. As a result, the prospect’s search will likely be delayed as it becomes harder for her to find suitable housing at an affordable price.

How to Avoid Steering Tenants

The U.S. Department of Housing and Urban Development (HUD), which is charged with primary enforcement of the FHA, has issued regulations (24 CFR § 100.70) that outline four main types of illegal steering practices. As a landlord, it’s a good idea to familiarize yourself with what the government considers to be steering, as well as educate your manager and leasing staff about it. This way, you can be sure to avoid violations at your rental property.

Here’s what the regulations say you shouldn’t do, based on a protected class:

1. Don’t discourage prospects from renting at your property. There’s nothing wrong (and everything right) with listening to a prospective tenant’s housing requirements and then showing them rentals that fit their stated needs. For example, if an applicant tells you she’s interested in only ground-floor units, then you’re not engaging in steering if you only tell that prospect about available units on the ground floor of your buildings. Similarly, if your property doesn’t have a fitness center and you meet a tenant who tells you he’s looking for a building that offers one, then you’re not violating fair housing law by suggesting that he look elsewhere. You’ll risk steering accusations, however, if you try to convince someone to look elsewhere even though your property’s features appear to fall within the prospect’s search parameters.
2. Don’t discourage prospects by exaggerating drawbacks or not informing them about desirable features of the rental or neighborhood. Tenants expect that any landlords they meet will promote their properties by emphasizing positive aspects and downplaying ways in which features or amenities may be lacking. So, landlords who do the opposite may lead prospects to believe that they’re engaging in steering. If you don’t act enthusiastic with a tenant and neglect to point out features such as a newly renovated community room or a heated pool, or if you go a step further and highlight the reasons why you believe a prospect should look elsewhere, you should have a legitimate, nondiscriminatory reason for doing so. Otherwise, you could be flirting with a fair housing complaint.
3. Don’t suggest that prospects wouldn't feel comfortable or compatible with their neighbors. Landlords who express concern about how well tenants would fit in at their property could be asking for fair housing trouble, even with good intentions. If you discourage prospects from renting because you believe other tenants might not like or welcome them, you may quickly find yourself accused of steering. It’s always best to let prospects decide if they’ll feel comfortable living at any particular property.
4. Don’t assign prospects to a certain floor or section of the building. Rather than turn away prospects based on a protected class, many landlords impose their own limits when it comes to where different types of people may live at their property. But such attempts to assign tenants to certain parts of a building always amount to steering. For example, while it’s clear that a landlord can’t reject an applicant simply because he has children (since the FHA protects tenants based on “familial status”), it’s also true that a landlord can’t decide that all families with children must live near each other in one section of a building. This type of steering is a perfect example of how illegal discrimination isn't always obvious.

Learn More About Housing Discrimination

The Rental Applications and Tenant Screening section of Nolo.com includes several useful articles on how to legally choose tenants and avoid fair housing complaints and lawsuits. Also, check out Every Landlord’s Legal Guide, by Marcia Stewart, Ralph Warner and Janet Portman (Nolo) for detailed advice on housing discrimination and how to avoid fair housing lawsuits.

A landlord in Arkansas may evict a tenant for violating a term of the lease or rental agreement – for example, by keeping a pet (if the lease prohibits pets), allowing more than one tenant to live in the rental apartment or house (if the lease allows only one tenant), causing extensive damage to the rental unit, or creating a serious health hazard on the property. The landlord in these situations may begin the eviction process by serving the tenant with a written notice to terminate the lease pursuant to the Arkansas Residential Landlord Tenant Act. This article describes that notice and how it must be served. The process described here also applies to situations in Arkansas where the tenant remains in the rental unit after the lease term has ended or when the landlord simply wants to end a rental agreement. Once lease or rental agreement has been terminated, the landlord may begin the eviction process in court if the tenant does not move out of the rental property.

Arkansas Lease Violation Termination Notice

When a tenant violates the lease or rental agreement, the landlord may deliver a written notice to the tenant in order to force the tenant to fix the violation or face termination of the lease or rental agreement. The written notice should include the following:

• the name and address of the tenant
• the specific acts or inactions by the tenant that are causing the lease violation
• a statement that the rental agreement will terminate upon the expiration of 14 days after receipt of the notice unless the tenant remedies, or corrects, the lease violation, and
• the name and signature of the landlord.

After the landlord delivers the notice, the tenant has 14 days to either fix the violation or move out of the rental property. (A.C.A. § 18-17-701(a)).

If the tenant has failed to comply with the terms of the lease or rental agreement and that noncompliance is causing a health or safety hazard, the landlord may terminate the lease immediately in the case of an emergency. (A.C.A. § 18-17-702(b)).

Once the landlord has terminated the lease or rental agreement, the landlord has a right to possession of the rental property and may file an eviction action in an Arkansas district court to force the tenant to move out, if the tenant fails to voluntarily move out of the rental property. (A.C.A. §§ 18-17-703, 18-17-901).

Arkansas Termination of Tenancy Notice

If an Arkansas landlord wants to terminate a written lease or rental agreement with the tenant and no lease violation has occurred, the landlord must follow the written agreement in the lease to terminate it. If the written lease agreement has expired and the tenant is living in the rental property on a week-to-week or month-to-month basis, or the lease is oral and not written, then Arkansas law requires certain notice provisions be followed. A landlord may terminate a week-to-week lease with seven days’ notice to the tenant. A landlord may terminate a month-to-month lease with 30 days’ notice to the tenant. (A.C.A. § 18-17-704). See the Arkansas Attorney General’s website for additional information.

In order to terminate a tenancy using these notice deadlines, the landlord must serve a written notice on the tenant indicating the landlord is terminating the tenancy and provide a date for the tenant to move out by that is no less than the notice provisions discussed above. For example, if the landlord is terminating a month-to-month tenancy, the notice will state a move out date for the tenant that is at least 30 days from the date of the notice.

How to Serve a Termination Notice in Arkansas

Once the notice is drafted by the landlord, the landlord must serve the notice by delivering it to the tenant using one of the following methods:

• personal delivery to the tenant, or
• by mail using registered or certified mail to the tenant at the address of the rental property or other address the tenant may use for receiving mail. (A.C.A. § 18-17-303(b)(2)(C)).

For a lease violation notice, the notice is considered served and the 14-day deadline begins on the date of the receipt of the notice by the tenant.

For a week-to-week or month-to-month tenancy notice, the notice is considered served and the seven- or 30-day deadline begins on the date the tenant receives the notice personally or on the date the landlord mails the notice.

Effect of a Termination Notice in Arkansas

Depending on the basis for the eviction or termination notice delivered to the tenant, there will be a specific number of days before the tenant will need to move out of the rental property. In cases of emergency, the landlord may terminate the lease agreement immediately. If the tenant fails to comply with the notice, by not fixing a lease violation or moving out of the property if required, by the date provided on the notice the landlord has the right to take court action. The landlord will need to remove the tenant from the rental property by filing an eviction action in an Arkansas district court.

Resources on Evictions for Lease Violations in Arkansas

The Arkansas Legal Services Partnership is a useful website for landlords and tenants, with a variety of fact sheets and forms provided by the Center for Arkansas Legal Services and Legal Aid of Arkansas. Another useful resource is the Arkansas Attorney General Consumer Protection Division website, which includes an overview of landlord-tenant law. For more articles on landlord-tenant laws in Arkansas, including illegal eviction procedures in Arkansas, see theOverview of Landlord-Tenant Laws in Arkansas on the Nolo site. For more eviction-related articles, see the Evicting a Tenant or Ending a Lease section of the Nolo site, including Eviction Notices for Nonpayment of Rent in Arkansas.

When a tenant fails to pay rent in Arkansas, a landlord must follow specific procedures under the Arkansas Residential Landlord Tenant Act to end the tenancy: either “failure to vacate” (a civil procedure) or “unlawful detainer” (a criminal procedure). Both result in termination of the lease or rental agreement for failure to pay rent.

Arkansas law prohibits “self-help” eviction remedies; this means the landlord cannot take personal action to remove the tenant from the rental property, such as entering the home and changing the locks, without obtaining a court order. (A.C.A. § 18-60-302)).

This article explains the basics of terminating a tenancy in Arkansas for nonpayment of rent, including the required notices and timelines.

Failure to Vacate Method of Termination for Nonpayment of Rent

If the tenant does not pay rent on the day rent is due according to the lease or rental agreement, the landlord may wait five days from the rent due date and then terminate the lease or rental agreement under the failure to vacate method. (A.C.A. § 18-17-701).

Once the notice to vacate is drafted by the landlord, the landlord must serve the notice on the tenant by delivering it to the tenant using one of the following methods:

• personal delivery to the tenant, or
• by mail using registered or certified mail to the tenant at the address of the rental property or other address the tenant may use for receiving mail. (A.C.A. § 18-17-303(2)(C)).

The tenant is considered “notified,” according to Arkansas law, at the time the notice is mailed without having to wait for proof of the tenant’s receipt of the mailing. (A.C.A. § 18-17-303(C)(ii)).

Once the lease or rental agreement is terminated, the landlord has the right to file an eviction action with the local district court in Arkansas if the tenant has not moved out of the property. No notice is needed in this situation, the fact that the tenant has not paid rent within five days of rent becoming due under the lease or rental agreement is sufficient notice to the tenant that the landlord has the right to begin eviction proceedings in court. (A.C.A. § 18-17-901(b)).

Unlawful Detainer Method of Termination for Nonpayment of Rent

If the tenant does not pay rent on the day rent is due according to the lease or rental agreement, the landlord may terminate the lease or rental agreement immediately under the unlawful detainer method. (A.C.A. § 18-16-101(a)). The tenant loses all rights to stay in the rental property.

The landlord must then provide to tenant in writing a notice to vacate the rental property within 10 days. (A.C.A. § 18-16-101(b)(1)). Although Arkansas does not provide any pre-approved forms for such notice, it would be useful to include the following information in the notice to vacate:

• the name and address of the tenant
• the amount of rent presently owed by the tenant to the landlord
• the date and time by which the tenant must move out of the rental unit (10 days), and
• the name and signature of the landlord.

The landlord should keep a copy of the notice to vacate and make a note of the exact time and date and method by which the notice was served to the tenant.

If the tenant does not move out of the rental property within the 10 days, the tenant will be guilty of a criminal misdemeanor charge. If the tenant is found guilty of staying in the rental property on purpose past the 10 day notice deadline, the tenant will be fined $25 per day for each day the tenant stayed past the 10 days. (A.C.A. § 18-16-101(b)(2)).

The tenant may choose to enter a plea of not guilty to the unlawful detainer criminal charge and continue to stay in the rental property. If the tenant decides to stay under this circumstance, the tenant must pay the rent, typically due to the landlord, to the clerk of the court until the criminal action comes to an end. (A.C.A. § 18-16-101(c)(1)). If the tenant fails to pay the required rent due to the court the tenant will be guilty of a misdemeanor criminal charge. (A.C.A. § 18-16-101(3)).

If the tenant is found not guilty of refusal to move out of the rental property upon notice, the rental payments will be returned from the clerk of the court to the tenant. However, if the tenant is found guilty, the rental payments will be turned over to the landlord. (A.C.A. § 18-16-101(2)).

Choosing Between Failure to Vacate and Unlawful Detainer

A landlord has a choice to make when terminating a tenancy for nonpayment of rent between the failure to vacate process or the unlawful detainer process. The biggest difference is the fact that the failure to vacate process is a civil action while the unlawful detainer method is a criminal action. The failure to vacate method requires a shorter notice period of only five days, while the unlawful detainer requires 10 days’ notice before any action takes place. Failure to vacate does not require a written notice be served upon the tenant whereas unlawful detainer does.

Most landlords are looking for the quickest way to remove the tenant from the rental property. Assuming the tenant does not move out after the notice deadline, either process – the failure to vacate or the unlawful detainer – may take some time. Failure to vacate allows a landlord to immediately begin an eviction action in the district court. The landlord will attend a hearing and depending on any tenant defenses the landlord may be awarded possession of the property the same day as the hearing. On the other hand, using the unlawful detainer method, the landlord will be subject to the tenant being charged with the crime and a possible trial on the charge.

Depending on the landlord’s relationship with the tenant, how likely the tenant is to take either civil or criminal action seriously, and the landlord’s experience with the court system, one process may be faster than the other. The landlord may consider consulting an Arkansas landlord tenant attorney for legal advice.

Resources on Evictions for Nonpayment of Rent in Arkansas

The Arkansas Legal Services Partnership is a useful website for landlords and tenants provided by the Center for Arkansas Legal Services and Legal Aid of Arkansas. Another useful resource is the Arkansas Attorney General Consumer Protection Division website. For more articles on landlord-tenant laws in Arkansas, including illegal eviction procedures in Arkansas, see the Overview of Landlord-Tenant Laws in Arkansas on the Nolo site. For more eviction-related articles, see the Evicting a Tenant or Ending a Lease section of the Nolo site, including Eviction Notices for Lease Violations in Arkansas.

For years, many landlords have engaged in profiling, which is a comparatively subtle type of housing discrimination. In the residential housing context, the term profiling refers to a housing provider's practice of making assumptions or drawing conclusions about prospective tenants based on their national origin, race, or other characteristics that are considered protected categories under fair housing laws, and then taking adverse action.

Not only does profiling interfere with prospective tenants in their search for housing, but it also creates risks for landlords, who are violating the law.

Common Forms of Profiling

Profiling often takes one of two main forms. Take a moment to review each type, so you can be sure to avoid them when selecting tenants for your rental property:

1. Name profiling. When landlords decide not to consider a person’s application or even acknowledge a person’s interest in an apartment simply because of the person’s name, this is known as “name profiling.”
   For example, a landlord who doesn’t want to rent to Jews ignores someone whose last name is Schwartz. Another landlord who wishes to rent only to Hispanic tenants ignores calls from people who don’t have what he recognizes as Hispanic last names. Note that in both examples, the landlord’s plan might not work. Some people whose last name is Schwartz aren’t Jewish, and people who don’t have Hispanic last names may nevertheless be Hispanic. But, whether or not a landlord’s plan is successful, profiling is still illegal.
   
2. Linguistic/voice profiling. Sometimes, landlords deduce (accurately or not) that a person didn’t grow up in the United States, based on the way she writes or speaks. Landlords who decide to turn people away because of it are engaging in “linguistic profiling” (or “voice profiling,” specifically, if based on speech).
   For example, a landlord who doesn’t want to deal with non-native English speakers ignores an email that contains awkward grammar. Another landlord who wants to keep his property exclusive to white tenants lies to a caller about vacancies because he believes she has a Jamaican accent.

Why Is Profiling Illegal?

Profiling is a practice that, like steering, may lead to fair housing violations because it artificially limits a person’s ability to make housing decisions because of a protected class. (Read the Nolo article, "Avoid Practicing Illegal Steering at Your Rental Property" for more information.) For example, if a landlord decides not to return a call inquiring about vacancies simply because the voicemail appears to be from a person with a foreign-sounding accent, then that landlord is making it harder for this person to find housing.

The more landlords profile, the more it means that prospective tenants may have to settle for an apartment at a higher rent, with inferior features, or in a different neighborhood than they desire, all on account of a protected characteristic.

Profiling May Be Bad for Business

Aside from ethical considerations, the main business reason for avoiding profiling is that it’s illegal and may therefore wind up costing you in fines and damages, as well as putting your good reputation at risk. But another reason for landlords to steer clear of profiling is economic. As a landlord, your goal is to fill your apartments with good tenants, and so ignoring some applicants before determining if they would make good tenants means potentially turning away good business.

How to Avoid Profiling

Many people who engage in profiling don’t realize that what they’re doing may harm their business, not to mention prove to be illegal and lead to costly liability (fair housing complaints and lawsuits). The best way to avoid profiling is to stay focused on finding good tenants who pay the rent in full and on time. Landlords typically accomplish this goal through proper tenant screening, which can include credit checks, employment history, and prior landlord references, among other inquiries. (For more information about screening, see the Nolo article, "How to Screen and Select Tenants FAQ.")

When considering an application or even receiving initial apartment inquiries, don’t let a person’s accent, country of upbringing, or ability with written English affect your level of enthusiasm for the applicant. If you’re worried, for example, that someone with a certain type of last name won’t be able to afford your rent, don’t rush to judgement. Let the applicant undergo your regular tenant screening process. If an applicant doesn’t pass muster, then you can, of course, feel free to reject that applicant without worrying about violating fair housing laws. On the other hand, processing an application could lead you to discover that you’ve got an ideal tenant interested in your rental property.

Many landlords don’t have a written tenant selection plan. Other landlords who have taken the time to prepare one choose to treat it as an internal document, seen only by themselves or staff (f any), such as a manager. The best approach, however, is to create a written tenant selection plan and make it available to all applicants before they even apply for an apartment.

Letting applicants see your tenancy criteria is smart for customer relations as well as for lowering the chances of a misunderstanding that can lead to an argument or even a fair housing lawsuit. If applicants first learn about an aspect of your screening criteria from a rejection letter, they’re far more likely to get angry and question the legitimacy of their rejection. On the other hand, letting applicants discover your qualifications for tenancy up front removes any mystery, which helps streamline the screening process and lower your risk for liability.

Make Your Tenant Selection Plan Easy to Understand

Your tenant selection plan should be written in plain English. It does not need to be long or include legalese and formal language, since you want to communicate your selection criteria to applicants without any misunderstandings. When drafting a tenant selection plan for your rental property, aim to make the plan as clear and concise as possible.

Include All Your Criteria in Your Tenant Selection Plan

Before you get started writing a written tenant selection plan, a good first step is to jot down all the criteria that you and your staff currently use to screen applicants. This means stating minimum requirements such as your income-to-rent ratio and minimum credit score, as well as indicating if you check an applicant’s employment history, rental payment history, credit report, and criminal background, and noting how such inquires affect an application.

In addition to outlining what you require of applicants, your tenant selection plan is a good place to communicate the fact that you follow all applicable fair housing laws and don’t engage in illegal discrimination. You can do this by including a short statement to this effect at the beginning of your plan. Also, include your state or local occupancy requirements (for example, up to two tenants per bedroom) and any other legal restrictions that you’re bound to follow when selecting tenants. This way, applicants will understand that the law may be to blame for a type of living arrangement they may seek at your rental property.

Give Your Tenant Selection Plan to All Applicants

When applicants see your selection plan, they’ll know that you take tenant selection seriously and don’t choose tenants arbitrarily. They’ll also see exactly what your criteria are for tenancy. This way, appliants who knows they won’t fit your criteria can save themselves (and you) time by not applying. On the flip side, it means you’re more likely to get applicants that have a good chance of passing your screening requirements, since they’ve reviewed those requirements before deciding to apply.

Most importantly, giving your tenant selection plan to all applicants helps prevent an all-too-common situation where a rejected applicant angrily rushes to accuse the landlord of discrimination. If you reject an applicant for valid reasons, in accordance with the framework set up in your tenant selection plan, the applicant will have an uphill battle contesting your decision or proving that you violated fair housing laws.

Keep Your Tenant Selection Plan Current

Your tenant selection plan can become a liability trap if you let it get outdated. If you make a change to your policies (for example, you raise the minimum credit score or you begin to seek prior landlord references), promptly update your plan to reflect all revisions. This way, if a rejected applicant claims you acted unfairly, you won’t be in the difficult position of having to prove you followed your own policies despite what it may say in your tenant selection plan.

Get More Tips on Tenant Screening

The Rental Applications and Tenant Screening section of Nolo.com includes several useful articles on a range of topics to help you find good tenants and evaluate applications legally. Also, check out Every Landlord’s Guide to Finding Great Tenants, by Janet Portman (Nolo), for detailed advice on how to attract, screen, and select the best tenants for your rental property.