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 Wyoming.

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 a tenant get to reclaim abandoned property?
What should the abandoned property notice say and how do I deliver it to the tenant?
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?
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?

Wyoming 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 hazardous items, perishable goods, or property that is clearly valueless -- such food in the refrigerator, old newspapers, or badly broken furniture -- which you may dispose of immediately. (See Wyoming Statutes § 1-21-1210(a).)

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

In Wyoming, you must give the tenant notice about the abandoned property and allow seven days for them to respond. If the tenant responds to the notice within the seven-day period, they have another seven days to pick up the property. (See Wyoming Statutes § 1-21-1210(a)(i) to (iii).)

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 Wyoming’s landlord statutes (see below), or consult a qualified lawyer.

What should the abandoned property notice say and how do I deliver it to the tenant?

When you prepare the notice, Wyoming law requires you to describe the property and state that you will dispose of it seven days from the time the notice is delivered, unless the tenant notifies you in writing that they will pick up the property.

You may deliver the notice in any of the following ways:

• Send it by certified mail to an address the tenant has given you for the specific purpose of delivering the notice. The seven-day waiting period starts from the day you mail the notice.
• Hand-deliver the notice according to Wyoming’s rules for personally serving papers. (See Rule 4 of the Wyoming Rules of Civil Procedure.) The seven-day waiting period begins when the tenant receives the notice.
• Publish a notice in a newspaper that widely circulates in the county where the rental property is located. The seven-day waiting period begins when the paper is published.

(See Wyoming Statutes § 1-21-1210(a)(i).)

For more tips on preparing the notice -- such as telling the tenant where to reclaim the property and including 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 should take inventory of the property and store it in a safe place, making sure to take reasonably good care of it. Under Wyoming law, you aren’t responsible to any loss to the tenant as a result of storing the property. (See Wyoming Statutes § 1-21-1210(c).)

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. (See Wyoming Statutes § 1-21-1210(b).)

If the tenant doesn’t pick up the property, you can use proceeds from selling the property to cover what the tenant owes you -- and keep the rest of the money from the sale.

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 within seven days, or
• the tenant responds to the notice in writing but fails to reclaim the property within seven days following that response.

If you don’t want to sell the property, you can keep it, give it away, or throw it out. (See Wyoming Statutes § 1-21-1210(a)(iii).)

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 or whether the tenant’s property is truly abandoned.

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 Wyoming using Nolo’s Lawyer Directory.

Learn more

To read Wyoming’s landlord laws, see Residential Rental Property Act in the Wyoming Code of Civil Procedure.

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 8 Landlord Legal Responsibilities in Wyoming.

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).

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 West Virginia.

If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow?
How do I notify the tenant that I intend to dispose of abandoned property?
How long do I have to keep the tenant’s abandoned property?
What are the rules about storing a tenant’s abandoned property?
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?

In West Virginia, what you must do depends on how the tenancy ended.

Planned moves. If a tenant moves out at the end of a lease or after receiving a legal termination notice from you, West Virginia law does not say what you must do with property left behind. The common sense approach is to contact the tenant and return the items, particularly if you believe the tenant has accidentally left something of value. If you incur costs related to removing a tenant’s abandoned property at the end of a lease, you can hold the funds back from the tenant’s security deposit.

Evictions. If you’ve won an eviction lawsuit, state law sets out specific rules for dealing with the tenant’s belongings. To find out what to do, see Handling a Tenant’s Property in West Virginia: After an Eviction.

Unannounced departures. If a tenant disappears and you establish that the rental unit has been legally abandoned, you may not dispose of property left behind unless you give the tenant notice and wait for at least thirty days. If the tenant is on active military duty, the deadline is sixty days. (See West Virginia Code § 37-6-6(d)(2).)

How do I notify the tenant that I intend to dispose of abandoned property?

You must prepare a written notice for the tenant that states:

• you believe the tenant has abandoned the leased property
• the tenant must reclaim their belongings by the thirty- or sixty-day deadline, and
• if the tenant fails to reclaim their belongings by the deadline, the tenant loses ownership and the property belongs to you.

(See West Virginia Code § 37-6-6(d).)

You must post the notice in a conspicuous place on the rental property and also send it to the tenant by first-class, certified mail in an envelope marked “Please Forward.” Mail the notice to the tenant at all of the following locations:

• the leased property
• a post office box held by the tenant, if you know of one, and
• the most recent forwarding address you know of.

(See West Virginia Code § 37-6-6(c).)

For more tips on preparing a notice for the tenant, see Handling a Tenant’s Abandoned Property: Legal Notice Requirements.

How long do I have to keep the tenant’s abandoned property?

As stated above, you must usually keep the property for at least thirty days after giving notice -- or sixty days if the tenant is serving in the military. There is one exception to this rule for property of obvious value.

If the abandoned property is worth more than $thirty0 and the tenant fails to claim it by the thirty- or sixty-day deadline -- and the tenant has contacted you to say they plan to pick it up -- you must store the property for an additional thirty days. If the tenant comes to collect the property, they must pay the storage costs before taking it away. (See West Virginia Code § 37-6-6(e).)

If the tenant doesn’t reclaim the property by the deadline, it belongs to you and you may do whatever you like with it.

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

West Virginia law presumes only that you will store the tenant’s belongings on the leased property or at a “place of safekeeping.” Store the property in a secure location. You most likely aren’t 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.

To avoid problems, be careful when moving and storing the tenant’s belongings until the tenant reclaims them or you dispose of them.

When should I get a lawyer’s help?

If you think the abandoned property is unusually 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 the rental unit and property have been legally abandoned. A good lawyer can help you protect yourself from claims that you have stolen or improperly destroyed a tenant’s property.

You can search for an experienced landlord-tenant attorney in West Virginia using Nolo’s Lawyer Directory.

Learn more

To read West Virginia’s landlord laws, see Chapter 37, Article 6 of the West Virginia Code.

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 9 Landlord Legal Responsibilities in West Virginia.

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).

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.

In Wisconsin, what you must do depends on whether or not the tenancy was covered by a rental agreement that included a specific notice about abandoned property.

If the Tenant Signed a Rental Agreement

If your tenant signed a rental agreement stating that you will not store property the tenant leaves behind, there’s very little you need to do. As soon as the rental term ends, you can dispose of the abandoned property however you like – for example, by selling it, giving it away, or throwing it out.

There are two exceptions to this rule:

Medical items. You must keep prescription medications or prescription medical equipment for at least seven days after you find them, in case the tenant returns to claim them. After seven days, you may dispose of the medical items.

Mobile homes, manufactured homes, or titled vehicles. You must give the tenant -- or anyone else you know of who has a legal interest in the vehicle -- written notice that you intend to dispose of the home or vehicle. You should deliver the notice personally or by mail to the tenant’s last known address.

If you sell the tenant’s abandoned property, Wisconsin law provides that you may send the proceeds to the Wisconsin Department of Administration to be used for grants to homeless shelters -- but the law does not require you to do so.

For more information about the requirements above, read Wisconsin Statutes § 704.05(5).

If the Tenant Didn’t Sign a Rental Agreement

If the tenant didn’t sign a rental agreement covering abandoned property, you must follow the rules set out in an older Wisconsin law. (See Wisconsin Statutes § 704.05(5)(bf).) Under that law, you may take any of the following actions:

1. Place the property in storage and notify the tenant. You may store the abandoned property on or off the premises -- for example, in a storage unit on your property or at a commercial storage facility. You are allowed charge the tenant for reasonable storage costs, but you must give notice to the tenant within ten days of the day the charges begin. Deliver the notice personally or by regular mail addressed to the tenant’s last known address, and be sure the notice specifies the daily storage fee. (This provision does not apply to medical items, which you must promptly return to the tenant upon request.)
2. Notify the tenant and dispose of the property after 30 days. You may give the tenant notice that you intend to sell or otherwise dispose of the abandoned property if the tenant doesn’t reclaim it within 30 days. You must deliver the notice personally or by regular mail addressed to the tenant’s last known address. If you sell the tenant’s property, you may keep enough of the proceeds to cover the costs of the sale and any storage costs. If the tenant doesn’t claim the rest of the proceeds within 60 days, you are required to send them to the Wisconsin Department of Administration to be used for grants to homeless shelters
3. Store the property without charge to the tenant. You may store the abandoned property without charge to the tenant and return it when the tenant requests it.

(See the archived version of Wisconsin Statutes § 704.05(5), which applies when you don’t give notice in a rental agreement.)

Be certain the tenancy is legally complete before you send the tenant a notice about abandoned property. 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 Wisconsin’s landlord statutes (see below), or consult a qualified lawyer.

For more tips on preparing a notice for the tenant, see Handling a Tenant’s Abandoned Property: Legal Notice Requirements.

Finally, consider updating your lease or rental agreement to cover abandoned property, so you can take advantage of Wisconsin’s more flexible laws in the future. For general tips on crafting a smart lease or rental agreement, see The Basics of Leases and Rental Agreements on Nolo.com. For sample language providing notice about abandoned property, see the blog of Milwaukee lawyer Tristan R. Pettit.

When to Get a Lawyer’s Help

If you think the tenant’s 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 or which set of Wisconsin laws you must follow.

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 Wisconsin using Nolo’s Lawyer Directory.

Learn More

To read Wisconsin’s landlord laws, see Chapter 704 of the Wisconsin Statutes.

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 1o Landlord Legal Responsibilities in Wisconsin.

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).

If you’ve won an eviction lawsuit -- usually called an “action for summary eviction” in West Virginia -- you may feel like tossing the tenant’s belongings out into the street. But West Virginia law sets out specific procedures for dealing with a tenant’s property after an eviction. Here are answers to some common questions about what you must do.

The court granted permission to evict a tenant. How long must I wait before removing the tenant’s property from the rental unit?
Are there rules about storing the tenant’s property?
If the tenant never reclaims the property, can I do whatever I like with it?
When should I get a lawyer’s help?
Learn more

The court granted permission to evict the tenant. How long must I wait before removing the tenant’s property from the rental unit?

If the tenant doesn’t remove their personal property by the date and time specified in the court order, you may dispose of it:

• immediately, if the tenant informs you in writing that they don’t want the property, or
• after a thirty-day waiting period, if the tenant fails to pick up the property and pay the storage costs or if the storage costs are equal to or greater than the value of the abandoned property.

There is one exception to the rules above: If the abandoned property is worth more than $300 and the tenant fails to claim it by the thirty-day deadline -- and the tenant has contacted you to say they plan to pick it up -- you must store the property for an additional thirty days before disposing of it. If the tenant comes to collect the property, they must pay the storage costs before taking it away.

(See West Virginia Code § 55-3A-3(h).)

Are there rules about storing the tenant's property?

West Virginia doesn’t provide specific rules for storing the property, but you should do what you can to keep it safe. You won’t be liable for damage to the property unless you damage it on purpose or handle it negligently. To avoid problems, be careful when moving and storing the tenant’s belongings until the tenant reclaims them or you dispose of them.

If the tenant never reclaims the property, can I do whatever I like with it?

Yes. West Virginia law says you may dispose of the property -- meaning sell it, give it away, or throw it out -- “without incurring any liability or responsibility to the tenant or any other person.” (See West Virginia Code § 55-3A-3(h).)

When should I get a lawyer’s help?

If the abandoned property is very valuable or if you have any reason to believe the tenant may cause problems later, it’s wise to talk to a lawyer before you do anything other than carefully store the tenant’s possessions. A good lawyer can help you protect yourself from claims that you have stolen or improperly destroyed a tenant’s property.

You can search for an experienced landlord-tenant attorney in West Virginia using Nolo’s Lawyer Directory.

Learn more

To read West Virginia’s landlord laws, see Chapter 37, Article 6 of the West Virginia Code. To find the laws covering eviction, see Chapter 55, Article 3A (Remedies for Wrongful Occupation of Residential Rental Property).

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 9 Landlord Legal Responsibilities in West Virginia.

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).

Landlords may currently deduct in a single year the cost of building repairs, but must depreciate over several years the cost of building improvements. Unfortunately, telling the difference between an improvement and a repair is often in the eyes of the beholder and has led to many landlord disputes with the IRS over the years. However, life is getting a little easier for many residential landlords. The IRS has established a new safe harbor rule that allows them to currently deduct many expenses that might otherwise be considered improvements.

The safe harbor for small taxpayers (SHST; IRS Reg. §1.263(a)-3h) took effect at the start of 2014. If you qualify to use it, you may currently deduct on Schedule E all your annual expenses for repairs, maintenance, improvements, and other costs for business real property, including rental property owned by landlords. However, there are significant restrictions on who may use this safe harbor.

To take advantage of this safe harbor, landlords need to keep careful track of all their annual expenses for repairs, maintenance, improvements and similar items--something they should be doing anyway.

Only Smaller Landlords May Use the SHST

As the name implies, the SHST is intended to be used by business owners with relatively small businesses. Thus, there are strict limits on the value of buildings that may qualify under the safe harbor, and on the annual amounts the building owners can spend and earn. You cannot use this safe harbor in any year any of these limits are exceeded. But, so long as you come within these limits, you may use the SHST for any number of rental buildings or units—you are not limited to just one.

$1 Million building value limit

 The SHST may be used only for buildings—including condos and coops--with an unadjusted basis of $1 million or less. Thus, it can’t be used for many larger apartment buildings or other more expensive rental buildings. “Unadjusted basis” usually means a building’s original cost (also called its cost basis), not including the cost of the land.

To determine a building’s unadjusted basis, you don’t subtract the annual amounts you deduct for depreciation. But you add the value of any improvements you make to the building while you own it and that you are depreciating along with the rest of the building.

If you own more than one rental unit or building, the $1 million limit is applied to each separately. Thus, for example, a landlord with 10 rental buildings each with an unadjusted basis of less than $1 million could use the SHST for each of them.

Annual expense limit

A landlord may use the SHST only if the total amount paid during the year for repairs, maintenance, improvements, and similar expenses for a building does not exceed the lesser of $10,000 or 2% of the unadjusted basis of the building. This limit is determined on a building by building basis—for example, if you own three rental homes, you apply the limit to each home separately.

The 2% of the adjusted basis rule means that a building with basis of greater than $500,000, but not more than $1,000,000, will still have the $10,000 annual limit.

The limit is applied on a per building basis. Thus, if you own two or more rental buildings, you may be able to use the SHST for some, but not others.

Annual Income limit

Finally, to qualify for the SHST a landlord must have average annual gross receipts of no more than $10 million during the three preceding tax years. Gross receipts include income from sales (unreduced by cost of goods), services, and investments. This poses no problem for smaller landlords.

Claiming the SHST

The small taxpayer safe harbor must be claimed anew each year by filing an election with your timely filed tax return, which is due by October 15 each year (if you obtain an extension of time to file). Thus, you can use the SHST for amounts paid during 2014 by filing the election with your 2014 tax return, which must be filed no later than October 15, 2015 (if you obtain an extension of time to file).

You can claim the SHST for some years and refrain from doing so for other years—it’s entirely up to you. The SHST is also claimed on a building-by-building basis. Thus, if you own more than one rental building, you can claim the SHST for some rental buildings and not use it for others.

There is no IRS form for this election. However, it is a very simple document you can easily create yourself and attach to your return. If the rental property covered by the SHST is owned by a partnership, limited liability company, or S corporation, the election must be made by the business entity, not by the individual partners, LLC members, corporate shareholders. Once this annual election is made, it may not be revoked for the year it covers.

Example of SHST In Action

Sam owns a single family home that he rents out. It has a $100,000 unadjusted basis (that is, it cost $100,000). During 2014, he paid $200 to a plumber to fix a leak, repaired a window for $400, and replaced the home’s water heater for $1,200. Sam qualifies for the small taxpayer safe harbor because the $1,800 he spent on repairs, improvements, and maintenance during 2014 is less than 2% of his building’s unadjusted basis (2% x $100,0000 = $2,000). By filing an election to use the SHST, Sam may currently deduct the entire $1,800 on his 2014 IRS Schedule E. This is so whether or not any of these expenses, such as the water heater replacement, might constitute an improvement under the more complicated IRS repair rules that apply in the absence of a safe harbor. (See IRS Finalizes Rules on Repairs Versus Improvements for more information.)

The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631) bars landlords from discriminating against tenants based on the fact they have a disability. This federal law also requires landlords to make reasonable accommodations to rules and reasonable modifications to physical structures when a tenant requests them in connection with a disability.

But what, exactly, qualifies as a disability under the FHA? For example, is disability protection limited to people with mobility impairments or whose disability is obvious to an observer?

As a landlord, your job isn’t to examine tenants or question them about the nature or extent of a disability (and, in fact, you’re asking for fair housing trouble if you do so). But landlords do need to be aware of exactly whom the FHA’s disability discrimination ban protects, so you know what your responsibilities are in case an issue arises.

Disability Under the FHA

The FHA defines a disability as “a physical or mental impairment” that “substantially limits” one or more “major life activities,” which federal regulations (24 CFR § 100.201) clarify as including “functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.”

Although this definition appears to be broad, it may be more inclusive than you might expect in some ways, and less inclusive in others. Here are some important points to be aware of when it comes to what's considered a disability under the FHA:

• A tenant’s disability doesn't have to be obvious. A landlord doesn’t have to be able to notice or somehow witness a tenant’s disability in order for the tenant to gain the law’s protection. Similarly, there’s no requirement that a tenant use an assistive device to help with a disability, such as wheelchair, cane, or hearing aid.
• A tenant’s disability doesn't have to be physical. As mentioned above, the FHA protects tenants who have "physical or mental impairments." Federal regulations (24 CFR § 100.201) define this as covering “[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.”
• An addiction counts as a disability. However, tenants who currently use illegal drugs or who have been convicted of the illegal manufacture or distribution of drugs aren’t protected under the FHA’s ban on disability discrimination.
• Any tenant who poses a threat isn’t protected. Tenants aren’t entitled to the FHA's protection if they pose a direct threat to other tenants' health or safety or if you believe their tenancy would lead to substantial property damage.

It’s also important to note that the FHA’s definition of disability also encompasses less common situations, such as when a tenant has a “record of” having a disability or when a tenant is “regarded as” having a disability. The first situation applies when a landlord takes action based on knowledge of a disability that a tenant used to have or was just misclassified as having (and never actually had). The second situation covers times when a landlord acts based on a mistaken belief (regardless of the reason) that a tenant has a disability.

Finally, keep in mind that the FHA also protects people who live with a tenant that has a disability, since adverse, discriminatory housing decisions against an individual affects everyone in that person’s household.

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.

If you’re thinking of limiting tenancy at one or more of your rental properties to seniors, you need to follow certain rules to ensure that you don’t get in trouble for fair housing violations. The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631), a federal law, bans discrimination based on familial status, which means landlords normally can’t turn away families with children.

But the FHA includes certain exemptions that enable landlords to set aside some or even all of their apartments for seniors without having to worry about saying no to families with children. If you’re thinking of operating a senior community, a good first step is to get familiar with the basics of senior housing so you can be sure you’ll be proceeding under an exemption.

Senior Housing Exemptions

The FHA, along with the Housing for Older Persons Act (HOPA), allows for senior housing by carving out three exemptions to its ban on familial status:

1. 62 and older. The “62 and older” exemption is the strictest but also the most straightforward. To meet this exemption, every occupant at your property must be at least 62 years old.
2. 55 and older. The “55 and older” exemption gives you some leeway when renting out your apartments. Under this exemption, at least one occupant in at least 80% of your occupied apartments must be at least 55 years old. In addition, your community must adhere to a policy that demonstrates intent to house people who are 55 or older. This extra restriction helps ensure that a landlord who wasn't planning to run a senior community but just happens to meet the 55 and older exemption doesn’t use it as a defense to a familial status discrimination claim.
3. Government program. For this exemption to apply, the U.S. Department of Housing and Urban Development (HUD) must determine that your property is specifically designed for and occupied by older persons under some federal, state, or local government program.

What to Know if You Meet an Exemption

Meeting an exemption means you can legally turn away families with children to rent to seniors in accordance with the exemption. If you qualify for an exemption, here are some important points to note:

1. You must strictly comply with the exemption’s requirements. Note that you can create stricter versions of these exemptions, if you wish, as doing so will still put you in compliance with the normal exemptions. If a state bans housing discrimination based on age, however, a landlord who adds these restrictions may run afoul of the state law.
2. You must be able to prove compliance with an exemption. When tenants apply for senior housing, you'll need to ask them for proof of their age (such as 55 or 62 and older) via a birth certificate, driver's license, passport, immigration card, military identification, or other accepted state, local, national, or international documentation.
3. You don’t need to provide special services or facilities. Until 1995, the 55-and-older exemption imposed a requirement that properties offer "significant services and facilities specifically designed to meet the physical and social needs of older persons." While there is no such requirement today, you should keep in mind that you're responsible for considering tenants’ accommodation and modification requests and granting them if they’re reasonable.
4. You may treat tenants with children differently. If your property meets the 55-and-older exemption, you have the option of choosing if you wish to rent to families with children. If you do rent to families with children, you may legally discriminate against them when it comes to the terms and conditions of their rentals (as long as you comply with other state and local laws and don't discriminate based on other protected classes under the FHA).

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.

Many landlords aren’t familiar with their responsibilities when it comes to renting to families with children or don’t even know that families with children enjoy a protected status under federal housing discrimination laws.

The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631), protects tenants against discrimination based on seven protected classes, including “familial status.” This means that if you refuse to rent to tenants simply because they have kids or you treat tenants differently because they have children, you may be violating federal law.

Here’s a rundown on exactly whom the FHA's familial status discrimination ban protects and how it applies to your property.

What Types of Families With Children Does the FHA Protect?

The FHA’s familial status protection is broad. Here’s what you need to know to determine if the ban on familial status discrimination applies to your tenants:

1. The FHA protects families with children even if the children aren’t living with their biological parents. Children may live with a biological parent, stepparent, foster parent, grandparent, or any other adult who has legal custody of them. In addition, if a child is living with someone whom a parent or legal custodian has designated in writing, then such a household is also protected against familial status discrimination.
2. The marital status of adult tenants is irrelevant. As far as familial status protection is concerned under the FHA, it makes no difference if the adult members of the family are married, divorced, single, widowed, or separated. So, for example, a single father with one child is protected just as much as a married couple with three children.
3. Children must be under 18 years old. The FHA doesn’t simply protect people who happen to be living with their children. For familial status protection to apply, the law requires that there be at least one person in a household under 18 years old. So, for example, a couple who’s looking to rent an apartment with their 18-year-old son isn’t protected (even if the son is still a high school student). Similarly, a couple who starts renting an apartment with a child when he’s 17 years old will lose familial status protection on the child's 18th birthday.
4. Children don’t have to be part of a household yet. Tenants are also protected against familial status discrimination if they’re expecting a child to become part of their household. So, landlords can’t discriminate against tenants because they’re pregnant or in the process of adopting a child.

Are Families With Children Always Protected?

There are two scenarios in which the FHA allows landlords to either turn away applicants because they have children or at least treat families with children differently:

1. Senior housing exemptions. The FHA carves out exemptions to the ban against familial status discrimination to enable landlords to rent their apartments to seniors. This is because in order to restrict occupancy of some or all of your apartments to people above a certain age, you must be able to turn away families with children without worrying about violating the law. If you wish to be exempt from the FHA’s familial status requirement, you must take care to follow an exemption correctly. Check out the Nolo article, Senior Housing Basics, for more information on how to proceed.
2. Health and safety concerns. Although the FHA bars discrimination based on familial status, you may single out children in your lease or house rules if the goal is to protect children’s health and safety. For example, while a rule barring children from your property’s swimming pool would almost certainly violate the FHA, a rule requiring adult supervision of children below a certain age when using the pool would likely pose no fair housing problem.

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.

The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631), a federal law, protects tenants against housing discrimination based on “familial status,” which refers to the presence of one or more children under 18 years old living in a household. However, landlords may nevertheless single out children without risking fair housing liability under certain circumstances.

Senior Housing Exemptions

The FHA carves out exemptions to the ban on familial status discrimination for landlords who wish to limit some or all of the occupancy at their properties to seniors. For example, the “55 and older” exemption requires landlords to rent at least 80% of their apartments to households in which at least one occupant is at least 55 years old.

If your property qualifies as senior housing under an exemption, then you may legally single out families with children in your lease or refuse to rent to them altogether. Check out the Nolo article, “Senior Housing Basics,” for more information about the exemptions and how to qualify your property as senior housing.

Health and Safety Issues

The FHA recognizes that there are health and safety issues to consider when it comes to children. So, if you single out children in your lease because you’re looking after their welfare, you shouldn’t have to worry about fair housing liability.

Example: Say your building has a fitness center and you don’t want children getting hurt while using the equipment, nor do you want to be held liable for their injuries. So, you wish to bar children under a certain age from using your fitness center. You notice that the equipment manufacturer gives suggested age restrictions and you decide to impose those restrictions. You can feel free to do so without worrying about familial status discrimination. Even though you’re treating children differently than others at your property, it’s clearly for health and safety reasons. You’re also not being overly restrictive since you’re following the manufacturer’s advice regarding age appropriateness.

There are a few situations, however, that may appear to be children's health and safety issues but are actually examples of illegal discrimination:

1. Bedroom sharing. Some landlords discriminate against families with children by enforcing bedroom-sharing rules based on their personal views of how families with children should live. For example, some landlords don’t let parents share a bedroom with a child, or they require children of the opposite sex to have separate bedrooms. But imposing morals on others when it comes to sleeping arrangements can get you into fair housing trouble. As long as renting a particular apartment to a household would comply with state and local occupancy requirements, adding additional bedroom-sharing rules just for families with children limits families’ choices when it comes to housing. If this were legal, then it could take families with children much longer to find a home, and many families would be forced to rent an apartment with more bedrooms, at a higher rent.
2. Behavioral issues. Many landlords complain of problems they have had with children in the past, and as a result they are wary when it comes to renting to families with children. But, even if you’re motivated in part by protecting children against falls and other injuries, singling out children in your lease when it comes to curbing bad behavior is problematic.
   
   Fortunately, if you wish to ban rowdy behavior, you can do so without violating fair housing law, simply by not singling out children. For example, if you’re having a problem with children running near the pool area or disturbing neighbors by shouting in the hallways, address the objectionable behavior in your lease or house rules without limiting the ban to children. Not only will this keep you out of fair housing trouble, but it's a better tactic as a practical matter because you're not leaving the door open to the same objectionable behavior from adult tenants.
3. Property safety. Landlords can’t use the fact that there’s a safety hazard at their property as a justification for familial status discrimination, even if they're concerned about children getting hurt. If a property isn’t safe, that’s an issue in itself that should be addressed by getting the hazard removed, both to prevent injuries and prevent lawsuits.
   
   If you have an unsafe feature at your property, it’s important to point this out to tenants and protect them from it (such as by sealing off the area or placing traffic cones nearby) as long as the unsafe feature remains. But you should be sure to tell all tenants about a potential hazard—not just families with children—even if you think children are more likely to get hurt from the hazard. An unsafe property is not a legal excuse for discriminating against families with children.
   
   Finally, be aware that the U.S. Department of Housing and Urban Development (HUD) clarified that after a disclosure to a family with children that an apartment contains uncontrolled lead paint, landlords need to let the prospective tenants decide if they want to rent the apartment, despite the health risks to young children. Similarly, if a landlord discovers a lead paint hazard during a tenancy, the landlord can’t force a family to leave.

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.

Many landlords discriminate against families with children by citing state or local occupancy requirements as their justification. Sometimes, compliance with occupancy requirements is a legal justification for landlords to turn away families with children. But landlords who treat families with children differently than other tenants and claim it's because of occupancy requirements risk fair housing liability.

What’s the Issue?

The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631), a federal law, protects tenants against housing discrimination based on “familial status,” which means the presence of one or more children under 18 years old in a household.

State and local laws often include occupancy requirements that aim to control how many people can live in a space at a given time. The goal of these laws is to prevent overcrowding, which poses a range of health and safety issues as well as taking a toll on a building’s septic, sewer, and other systems.

Landlords need to achieve compliance with occupancy laws while also taking care not to discriminate against tenants based on familial status.

Occupancy Requirements and Families With Children

To comply with both your state or local occupancy requirements and the FHA’s ban on familial status discrimination, focus on following the requirements the same way with tenants, regardless of the presence of children in a household.

To accomplish this, keep these two important points in mind:

1. Don’t worry if it means you must say no to families with children. As long as you’re making decisions that are necessary to comply with occupancy requirements and you’re doing it consistently and without regard to whether a household is a family with children, then you’re safe. In other words, although you might have to turn away families with children, you’re doing so to comply with occupancy requirements—not because there are children present. To help protect yourself against liability, it’s always a good idea to document your valid reasons for rejecting applicants, in case a question arises later.
2. Don’t apply occupancy requirements differently to families with children. If you must turn away a family with children, make sure you would act the same way with a household of the same size without children. For example, if you would rent a one-bedroom apartment to two adult roommates, there’s no valid reason why you can’t rent the same apartment to a single parent with a child. If you apply different occupancy standards to tenants because they have children, it means you’ll either deny them housing or require them to pay more for a larger apartment. Either way, this would mean you would limit their housing choices based on familial status, which violates the FHA.
   
   One way that landlords violate this rule is by imposing their own views on parenting and bedroom sharing. For example, some landlords bar tenants from sharing their bedroom with children or they insist on having children sleep in separate bedrooms. (Check out the Nolo article, “When Your Lease Can Single Out Children” for more on this.) But if renting to a household with children would comply with occupancy requirements, then you can’t turn away the household simply because you disapprove of the planned sleeping arrangements. If you do, you’ll violate the FHA’s ban on familial status discrimination.

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.

Some landlords violate the Fair Housing Act’s (FHA) (42 U.S. Code §§ 3601-3619 and 3631) ban on disability-based discrimination by limiting occupancy at their property in some way. For example, they may rent to people who have a disability but steer them to certain floors or sections of their building; or they may refuse to rent to certain applicants because of their disability. Other landlords who don’t deny housing to applicants with disabilities nevertheless make them pay for it in some way.

For example, a Minnesota tenant complained to the U.S. Department of Housing and Urban Development (HUD) that her landlord required her to buy a personal liability insurance policy to use her motorized wheelchair at the property. A HUD administrative law judge ruled that the policy amounted to illegal discrimination under the FHA and ordered the landlord to pay $7,500 in damages, $36,302 in attorneys’ fees, and $8,000 in penalties.

When landlords make tenants pay for having a disability, it means such tenants have an extra financial obstacle standing between them and a new home. Even if a tenant with a disability can afford to pay more, treating tenants differently based on whether they have a disability is still illegal. (For more information about what’s considered a disability under the FHA, check out the Nolo article, “Who’s Protected Against Disability Discrimination?”)

How to Avoid Making Tenants Pay for a Disability

Before instituting a new policy, ask yourself if what you’re considering doing can be construed as charging tenants just for having a disability. If tenants haven’t done anything wrong or caused damage to your property, the fact they have a disability shouldn’t lead you to require them to pay more than other tenants for their housing.

The following are examples of landlord practices that would violate the FHA’s ban on disability-based discrimination in this way:

• Requiring tenants who use motorized wheelchairs to purchase liability insurance (as in the Minnesota case, described above).
• Charging tenants a greater security deposit to protect against possible damage to your property from any type of wheelchair use.
• Charging a fee in connection with granting reasonable accommodations, such as for having a more convenient parking spot or being allowed to have a live-in aide use the tenants-only laundry facilities. (Note that when it comes to making reasonable modifications to the physical structure of your property, tenants generally must foot the bill. However, be aware that you may be responsible for such costs if your property gets federal assistance. If a tenant requests a modification and your property participates in a federal housing program, check with the administrative agency if you’re not sure who must pay.)

It's Okay to Charge Tenants for Actual Damage They Cause

Although it’s illegal to make tenants pay for having a disability under the FHA, you shouldn’t fear requiring tenants to pay for any actual damage they cause, whether or not they have a disability.

Anticipating damage by requiring extra insurance or a greater security deposit from a tenant because of a disability violates the FHA, but you don’t risk fair housing violations for charging tenants for damage they actually cause while in a wheelchair. You must, of course, be sure that you’re prepared to charge any tenant for the same type of damage caused under any circumstances--whether it's damage to wood floors from a wheelchair or a child's bicycle.

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.

Did you know that tenants with HIV/AIDS are protected against housing discrimination under federal law? Although the Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631) doesn’t mention HIV/AIDS, it bars discrimination against people with a disability, which it defines as any “physical or mental impairment” that “substantially limits” one or more “major life activities,” which includes HIV/AIDS. (Check out the Nolo article, “Who’s Protected Against Disability Discrimination?” for more information about what qualifies as a disability under the FHA.)

For example, the U.S. Department of Housing and Urban Development (HUD) charged the owner and manager of a five-bedroom residential care facility in California with violating the FHA’s ban on disability discrimination for allegedly refusing to rent a room to an applicant because he had HIV. According to HUD, the owner and manager turned this applicant away after tenants expressed their concerns about living near a man with HIV.

What Not to Do When Dealing With Applicants With HIV/AIDS

When handing applicants whom you know or suspect have HIV/AIDS, follow a general rule of processing their application in the same way as you do with other applicants.

Here are seven “don’ts” to help you comply with this rule:

1. Don’t ask applicants if they have HIV/AIDS. Even if a landlord doesn’t take adverse action against an applicant because he’s HIV-positive or has AIDS, simply asking an applicant if he has HIV/AIDS can lead to fair housing trouble because it involves treating applicants differently based on the fact they have a disability. Federal regulations (24 CFR § 100.202) specifically state that it’s “unlawful to make an inquiry to determine whether an applicant for a dwelling… has a handicap.”
2. Don’t refuse to rent to someone because you know or you suspect that he has HIV/AIDS. Because an applicant who has HIV/AIDS is protected against disability-based discrimination under the FHA, you can’t refuse to rent to applicants whom you know or even suspect may have HIV/AIDS. Also, a landlord who suspects gay applicants have HIV/AIDS risks violating a possible state or local fair housing ban against sexual orientation discrimination.
3. Don’t steer applicants with HIV/AIDS to certain apartments. You might think you’re in the clear if you rent to applicants with HIV/AIDS but limit their occupancy to a certain floor or section of a building. But this practice, known as “steering,” still violates the FHA because it involves treating applicants differently based on the fact they have a disability. Steering applicants in this way would mean preventing applicants from learning about all your available apartments and denying them as many options as other applicants to choose from. Plus, if you didn’t have any available apartments in the “HIV/AIDS section,” then you would actually need to start turning away applicants because of their disability.
4. Don’t ask applicants about the nature or severity of a disability, request medical records, or ask about treatments. Federal regulations (24 CFR § 100.202) state that it’s illegal “to make inquiry as to the nature or severity of a handicap.” So, even if an applicant tells you she has HIV/AIDS, don't take it as an invitation to ask questions.
5. Don’t require applicants to live independently. If an applicant is unable to live independently at a property, it’s no doubt because of a disability. So, requiring independent living would violate the FHA’s ban on disability-based discrimination. If an applicant with HIV/AIDS can’t live independently and requests an accommodation, you must grant it if it’s reasonable. For example, if a tenant doesn't have a car but needs a space in your property's tenants-only parking lot for his visiting nurse, granting such a request would probably be considered a reasonable accommodation.
6. Don’t rent to applicants with HIV/AIDS on different terms than other applicants. As is the case with any disability, making applicants pay more for having HIV/AIDS is illegal. This means landlords must not charge a greater security deposit or higher rent to applicants because they have HIV/AIDS. Similarly, they must not tell applicants with HIV/AIDS that they can't share certain common areas and enjoy facilities with other tenants.
7. Don’t discuss information about an applicant’s condition with other tenants. Discussing what you know or suspect about tenants’ disabilities with other tenants can lead to fair housing trouble. So, if a tenant asks you if a particular applicant has HIV/AIDS, you should decline to answer. If a tenant demands to know if any applicants have HIV/AIDS citing health concerns, you can point out that HIV isn’t spread by air, water, or casual contact. So, renting to a tenant with HIV/AIDS is not a public health issue and having a neighbor with HIV/AIDS is not a safety threat.

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.

Many fair housing complaints arise because prospects and tenants claim that a landlord said something to them that amounts to illegal housing discrimination. Whether it’s during a formal conversation about a rental property or just small talk, what a landlord says can lead to fair housing liability or be used as further evidence to support a tenant’s claim that the landlord has acted in a discriminatory manner.

The thought that a casual statement you make one day while showing an apartment or passing a tenant in the lobby can get you into fair housing trouble can be unnerving. But if you know what sort of things to avoid when talking with prospects and tenants, you should be able to engage in productive and friendly conversations while remaining confident that your words won’t lead to fair housing lawsuits or complaints.

Avoid Speaking in Protected-Class Terms

As a landlord, you should avoid conversations that touch on protected classes under fair housing laws. Such conversations are risky because you may say something that favors—or even appears to favor—certain types of people over others when it comes to housing. The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631), a federal law, bars discrimination against prospects and tenants based on seven protected classes: race, color, religion, national origin, sex, disability, and familial status. Many states and municipalities include additional protected classes, such as marital status, sexual orientation, and source of income.

Talking about other tenants. When showing prospects your rental property, it’s smart to focus on the rental's features, location, and advantages. There’s normally no need to talk about the people who currently rent your apartments, and doing so can lead to fair housing trouble. General statements such as boasting that you have a great group of tenants or that nice people live at your property aren’t problematic. However, conversations about other tenants too often focus on their characteristics. If you find yourself talking about other tenants at your property, be sure to avoid describing your tenant makeup in protected-class terms. For example, don’t say to prospects, “Only white people live here” or “I’ve never rented to someone who uses a wheelchair.” Such statements, even if they’re true, may lead prospects to question your motive and even claim that you’re showing a preference based on a protected class, which the FHA explicitly bans (see 42 U.S. Code § 3604(c)).

Be particularly on alert for questions that prospects or tenants ask to satisfy their curiosity about a specific tenant. For example, “Why is that new tenant limping?” and “Are there other Jewish tenants who live here?” are questions you should decline to answer, as they would require you to respond in protected-class terms and could lead to liability for discrimination based on disability and religion, respectively.

Talking to prospects and tenants about themselves. Another risky area is when the focus of a conversation between a landlord and a prospect or tenant turns to that prospect or tenant. Very often, such conversations are initiated by landlords who are trying to make conversation, are curious about something, or are trying to show they are being accommodating. But, just as is the case with talking about other tenants, talking to prospects and tenants about themselves can lead to fair housing trouble if questions or conversations concern a protected class.

For example, if someone who uses a cane wishes to see apartments at your property, don’t ask about the prospect’s disability or anticipate her needs by, for example, asking if she wants to see only apartments that are close to the lobby. Similarly, asking a tenant to explain aspects of his religion to you or asking women about their dating preferences could lead to fair housing accusations.

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.

West Virginia law allows a landlord to evict a tenant for several different reasons--the most common being tenant failure to pay the rent or tenant violation of a portion of the lease or rental agreement. If a landlord evicts a tenant for one of these reasons, the tenant may be able to defend against the eviction (depending on the circumstances).

This article will examine the basic eviction procedures in West Virginia and some defenses available to tenants who face an eviction because of failure to pay rent or violation of the lease agreement.

West Virginia Eviction Procedures

Relations between landlords and tenants, including when and how a landlord can evict a tenant, are regulated by state law in West Virginia (see W.Va. Code §§ 37-6-1 to 37-6-30). The eviction laws in West Virginia are different from most other states’ eviction laws. In West Virginia, unless otherwise agreed to in the lease agreement, a landlord is not required to give any notice to a tenant if the tenant has failed to pay rent or has violated a portion of the lease agreement. As soon as rent is late or as soon as a lease violation has occurred, the landlord can proceed straight to court and file an unlawful detainer, or eviction, lawsuit (see W.Va. Code § 55-3A-1).

The eviction lawsuit must be filed with either the magistrate court or circuit court of the county in which the rental property is located. After the landlord files the lawsuit, the tenant will receive a copy of the paperwork, along with a date and time for the hearing before a judge. If the tenant wishes to make any defense against the eviction, the tenant will have five days to put a request in writing and also file it with the court. At the hearing, the judge will consider both sides and make a ruling regarding the eviction (see W.Va. Code § 55-3A-1). As long as the tenant remains living in the rental unit, the landlord must receive a court order to actually evict the tenant.

Eviction Defenses for Tenants in West Virginia

A tenant being evicted in West Virginia may have a defense available with which to challenge the eviction.

Landlord Evicts Tenant With “Self-Help” Eviction

The only way a tenant can be legally evicted in West Virginia is if the landlord files an eviction lawsuit with the court and receives a court order from a judge. Landlords are not allowed to force a tenant out of the rental unit through any other means, such as shutting off the utilities or changing the locks on the doors or gates. This is often referred to as a “self-help” eviction, and it is illegal. The tenant could use evidence of a “self-help” eviction as a defense to an eviction lawsuit. For more information regarding “self-help” evictions in West Virginia, see the Nolo article Illegal Eviction Procedures in West Virginia.

Landlord Evicts Tenant for Not Paying Rent

In most states, a tenant might have a few defenses available if being evicted for not paying rent. In West Virginia, however, a tenant does not have quite as many defenses available if the tenant does not pay the rent on time.

Tenant Paid Rent in Full

Because West Virginia law allows a landlord to file an eviction lawsuit as soon as rent is late, it does not matter if the tenant pays rent in full later. As soon as the tenant is late with the rent, the eviction lawsuit can begin. A tenant does not have the right in West Virginia to pay rent in order to stop the eviction lawsuit (see W.Va. Code § 37-6-19).

Landlord Failed to Maintain the Rental Unit in Good Repair

West Virginia law requires a landlord to maintain a rental unit in fit and habitable condition. This means the landlord must keep the rental unit in good repair, including:

• complying with all state and local housing codes
• keeping the common areas safe, clean, and in good repair
• maintaining all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances and facilities in good working order
• providing adequate garbage removal
• supplying running water, including hot water, at all times, and
• supplying heat during the winter months.

See W.Va. Code § 37-6-30(a) for details.

The landlord is required to maintain the rental unit according to the standards set forth above, but only as long as the tenant did not willfully damage the rental unit and the tenant is current in the rent (see W.Va. Code § 37-6-30(c)).

State law does not have any rules regarding whether a tenant can withhold rent if a landlord fails to properly maintain the rental unit. However, the West Virginia Supreme Court has ruled that if a landlord has not kept the rental unit in good repair, according to the standards set forth above, then the tenant has the right to not pay rent (see Teller v. McCoy, 253 S.E.2d 114 (W.Va. Sup. Ct. App. 1979)). The tenant could use evidence of the landlord’s failure to make necessary repairs as a defense against an eviction for not paying rent. If the tenant chooses to withhold rent, the tenant may wish to seek the advice of an attorney, or go directly to court for an order requiring the landlord to make the repairs and specifying how much rent the tenant should be paying in the meantime.

Landlord Evicts Tenant for Violating the Lease Agreement

As with failure to pay rent on time, a landlord can evict a tenant as soon as the tenant violates the lease agreement, such as by subletting the rental unit despite a lease term prohibiting sublets. Even if the tenant corrects the lease violation later, the landlord can proceed with the eviction lawsuit. Evidence that the lease violation has been corrected cannot be used as defense against an eviction lawsuit in West Virginia (see W.Va. Code § 37-6-19).

Tenant Is Evicted Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition to the protections given under the federal Fair Housing Act, the West Virginia Fair Housing Act also makes it illegal for a landlord to discriminate based on color, ancestry, or blindness. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Does It Make Sense to Fight an Eviction?

Challenging an eviction may not always be the best option. A tenant who loses might have to pay the landlord's court and attorney's fees. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant facing an eviction in West Virginia might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and theAmerican Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Resources for Tenants in West Virginia

For those who qualify based on income, Legal Aid of West Virginia can provide help to tenants who are facing eviction. In addition, the West Virginia Senior Legal Aid, in collaboration with other legal entities, has published a free guide, entitled Tenants and Landlords in West Virginia: Rights and Responsibilities, with helpful information for landlords and tenants on evictions and other issues. Tenants who live in federally assisted housing should also look at the tenant resource page and state information at HUD.gov.

Your local court may also be a useful source of information. Eviction cases in West Virginia are filed in either the magistrate court or circuit court of the county where the rental property is located. The West Virginia court system provides a directory for you to look up court information in your county.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

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

Also check out Nolo’s Lawyer Directory for West Virginia lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com. If you want to learn about how tenant bankruptcy affects an eviction, see the Nolo article Bankrupt Tenants.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In Wisconsin, a landlord can evict a tenant for a variety of reasons, such as tenant nonpayment of rent or violation of rental or lease agreement term. Depending on the circumstances, a tenant facing an eviction may have the legal grounds, or a defense, to challenge the eviction.

This article will explore the basic eviction procedures in Wisconsin and the most common defenses available to tenants who are being evicted for not paying rent or for violating their lease or rental agreement

Eviction Procedures in Wisconsin

Evictions in Wisconsin are regulated by state law, which sets out the rules and procedures that landlords and tenants must follow (see Wis. Stat. Ann. §§ 704.01 to 704.50). If a tenant fails to pay rent or violates a portion of the lease, the landlord must first give the tenant notice and an opportunity to fix the deficiency. If the tenant does not fix the problem, then the landlord must receive a court order to actually evict the tenant. It is very important that the landlord gives the tenant notice and an opportunity to correct the problem before proceeding to court.

Notice Requirements for Failure to Pay Rent

If a tenant fails to pay rent on time, then the landlord must give the tenant a five-day notice to either pay the rent or vacate the premises. The time starts running from the date of the notice. If the tenant still does not pay rent within the five-day period, then the tenancy is terminated and the landlord can proceed to court to receive an eviction order. The landlord cannot proceed with the eviction, however, if the tenant pays the rent within the specified time period. If the tenant fails to pay rent again within one year of receiving the first notice, then the landlord must give the tenant a 14-day notice to vacate the premises before proceeding with an eviction. The landlord does not need to give the tenant an opportunity to pay the rent a second time (see Wis. Stat. Ann. § 704.17(2)(a)).

Notice Requirements for Violating the Lease

A tenant must follow the terms set forth in the lease or rental agreement. If the tenant violates any part of the lease, then the landlord must give the tenant a notice that allows the tenant either five days to fix the violation or vacate the premises. If the tenant fixes the violation (or makes repairs, if the tenant has damaged the rental unit), the landlord cannot proceed with an eviction. If the tenant violates the lease again, whether the same or a different condition, within one year of the first violation, the landlord can then give the tenant a 14-day notice to vacate the premises. If the tenant does not move out, then the landlord can proceed with the eviction (see Wis. Stat. Ann. § 704.17(2)(b)).

Lease violations include having noisy parties during regulated quiet hours, having pets when none are allowed, or parking in an unauthorized parking space.

Eviction Process in Wisconsin

A landlord can file an eviction claim in small claims court after the tenant fails to either pay rent, fix the lease violation, or move out of the property within the five-day time period. The landlord must file a summons and complaint in the small claims court of the county where the rental property is located. The tenant will receive a copy of the summons and complaint, and the summons will have a date and time for a hearing before a judge (see Wis. Stat. Ann. §§ 799.40–42). A tenant who wishes to make any defenses against the eviction--that is, to fight the eviction--must file a notice called an answer with the court (see Wis. Stat. Ann. § 799.43). At the hearing, the judge will consider both the landlord’s complaint and the tenant’s answer and then make a ruling regarding the eviction.

Eviction Defenses Available to Tenants in Wisconsin

A tenant who chooses to fight an eviction in Wisconsin may have several defenses available to them.

Landlord Used “Self-Help” Procedures to Evict Tenant

A landlord must receive permission from the court to evict a tenant. The landlord cannot resort to “self-help” measures, such as shutting off utilities or changing locks on the doors of the rental unit (see Wis. Adm. Code § ATCP 134.09 (7)). If the landlord does attempt to force a tenant out of a rental unit through such means and does not have a court order, then the tenant can sue the landlord for damages. For more information regarding “self-help” evictions in Wisconsin, see the Nolo article Illegal Eviction Procedures in Wisconsin.

Landlord Did Not Evict the Tenant Using Proper Procedures

A landlord must carefully follow all the rules set forth in the Wisconsin state law regarding evictions. For example, if a landlord files an eviction case in small claims court but hasn’t given the tenant written notice to pay the rent or leave, then the tenant could use lack of notice as a defense against the eviction. Similarly, if the landlord does give written notice to the tenant, but only gives the tenant three days to fix a lease violation or pay rent, instead of the five days required by law, the tenant could use this as a defense in fighting the eviction. This type of defense does not completely stop a justified eviction; it merely delays it. The landlord would be required to stop the eviction action and give the tenant the required proper notice. The landlord would then be able to proceed with the eviction case if the tenant still did not pay rent or fix the lease violation.

Tenant Is Evicted for Not Paying Rent

A tenant may have a few defenses available if being evicted for not paying rent.

Tenant Paid Rent in Full

After a tenant fails to pay rent on time, a landlord is required to give the tenant five days to either pay the rent or vacate the rental unit. If the tenant pays the rent during this five-day period, the landlord cannot proceed with the eviction lawsuit (see Wis. Stat. Ann. § 704.17(2)(a)). If the tenant does pay rent during the five days, the tenant should get a time-stamped receipt to prove the rent payment was received within the proper time frame. Then, if the landlord still proceeds with the eviction lawsuit, the tenant can use the time-stamped receipt as a defense against the eviction.

Landlord Failed to Properly Maintain the Rental Unit

Wisconsin law requires a landlord to reasonably repair a rental unit, as long as the tenant did not purposefully or negligently cause damage to the rental unit. This means the landlord must:

• maintain in good repair everything the landlord either expressly or impliedly promised to the tenant, including heat and water, as well as things such as air conditioning or an elevator (if such things are included with the rental unit)
• make all necessary structural repairs to the rental unit
• maintain in good repair plumbing, electrical wiring, machinery, or equipment found on the premises, and
• comply with all local housing codes.

See Wis. Stat. Ann. § 704.07(2)(a)for details.

If the landlord fails to properly maintain the rental unit in such a manner or if the rental unit becomes damaged by fire, water, or another casualty and the landlord does not promptly fix the damage, the tenant has a few options:

• The tenant can move out of the rental unit. If the tenant chooses this option, the tenant would no longer have to keep paying rent and the landlord would have to refund any prepaid rent back to the tenant. The landlord would not be able to sue the tenant for unpaid rent.
• The tenant can withhold a portion of the rent, but the tenant is not authorized to withhold rent in full.

See Wis. Stat. Ann. § 704.07(4).

If the landlord fails to make necessary repairs and the tenant does not wish to move out of the rental unit, the best practice for the tenant would be to seek the advice of an attorney or go directly to court for an order requiring the landlord to make the repairs and specifying how much rent the tenant should be paying in the meantime. If the landlord tries to evict the tenant because the tenant is not paying the full amount of rent, the tenant can use evidence of failure to maintain the rental property as a defense against the eviction.

Tenant Is Evicted for Violating the Lease Agreement

A landlord must provide a tenant an opportunity to correct a lease violation before proceeding with an eviction. The landlord must give the tenant five days to either fix the lease violation or move out of the rental property. If the tenant fixes the lease violation within the five-day time period, the landlord cannot proceed with the eviction. The tenant can use evidence of the lease violation being fixed as a defense against the eviction, if the landlord proceeds with an eviction lawsuit anyway (see Wis. Stat. Ann. § 704.17(2)(b)).

Tenant Is Evicted Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition to the protections given under the federal Fair Housing Act, the Wisconsin Fair Housing Law also makes it illegal for a landlord to discriminate based on color, sexual orientation, marital status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Does It Make Sense to Fight an Eviction?

Challenging an eviction is not always a tenant's best option. A tenant who lose might have to pay the landlord's court and attorney's fees, and could also receive a negative credit rating and be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Resources for Tenants in Wisconsin

Wisconsin has a few legal aid organizations available to those who qualify based on income, such as Legal Action of Wisconsin this organization also publishes a Tenant Sourcebook with useful information on tenant rights in the state. Some of the legal aid websites also offer free legal information, such as Wisconsin Judicare. Tenants who live in federally assisted housing should also look at the tenant resource page at HUD.gov.

Local courts may also be a good source of information. Eviction cases in Wisconsin are filed in the small claims court of the county where the rental property is located. The Wisconsin court system provides the booklet Basic Guide to Wisconsin Small Claims Actions as a reference to how the small claims court works. In addition, the Wisconsin court system also provides a guide to the Basic Steps for Handling a Small Claims Case for Eviction.

Several counties also provide specific guides to filing evictions claims within a particular county, including Milwaukee County, Dane County, and Brown County.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

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

Also check out Nolo’s Lawyer Directory for Wisconsin lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com. Also see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) for more detailed information.

A tenant living in the District of Columbia can be evicted for a number of reasons, including not paying rent or violating a portion of the lease or rental agreement. If a landlord evicts a tenant for one of these reasons, the tenant may have a defense available with which to challenge the eviction.

This article will examine the basic eviction procedure in the District of Columbia and some of the defenses available to tenants who are facing an eviction for not paying rent or for violating a lease agreement.

Eviction Notice Requirements and Process in Washington, D.C.

Evictions in the District of Columbia are regulated by code, which sets out all the rules landlords and tenants must follow. Landlords can only evict tenants after going to court and receiving a court order. A landlord almost always needs to provide a tenant with notice before the landlord can file an eviction lawsuit.

Notice Requirements for Nonpayment of Rent

If a tenant fails to pay rent, the landlord must give the tenant a 30-day notice that allows the tenant to pay the rent in full within the 30-day time period. If the tenant fails to do so, then the landlord can proceed to court to file the eviction lawsuit. The tenant may have waived the right to this notice in the lease, and if that is the case, then the landlord does not need to give the tenant any notice and may proceed directly to court to file an eviction lawsuit as soon as rent is late (see the Tenant Survival Guide, § 5, published by the Office of the Tenant Advocate; see alsoD.C. Code Ann. § 42-3505.01).

Notice Requirements for Lease Violations

A landlord can also evict a tenant for violating a portion of the lease agreement. A landlord must provide a tenant with a 30-day notice to fix the lease violation. The tenant cannot waive this right to notice. The notice must adequately describe the violation and give the tenant at least 30 days to fix the violation. If the tenant does not fix the violation within the 30 days, then the landlord can go to court and file an eviction lawsuit (see D.C. Code Ann. § 42-3505.01).

Examples of lease violations include having pets when none are allowed or violating noise restrictions during quiet hours.

Eviction Process in Washington, D.C.

If a tenant has not paid rent or fixed the lease violation within 30 days after receiving notice, then the landlord can file an eviction lawsuit with the Superior Court of Washington, D.C. After the landlord files the lawsuit, the tenant will receive notice of the lawsuit. The notice will give the tenant a time and date for a hearing, where the judge will listen to both the landlord and the tenant and come to a decision regarding the eviction (see the Tenant Survival Guide, § 5).

A tenant may find that challenging the eviction is not always the best option. A tenant who loses might have to pay the landlord's court and attorney's fees. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject

Tenant Eviction Defenses in Washington, D.C.

A tenant being evicted in in the District of Columbia may have at least one defense available to fight the eviction.

Landlord Evicted Tenant with a "Self-Help" Procedure

A landlord must receive a court order from the Superior Court of the District of Columbia before actually evicting a tenant. A landlord cannot evict a tenant through “self-help” measures, such as changing the locks on the door to the rental unit or shutting off the utilities. This type of an eviction is often referred to as a “self-help” eviction, and it is illegal in the District of Columbia. A tenant could sue a landlord for damages if the landlord tries to evict a tenant with a “self-help” eviction (see Mendes v. Johnson, 389 A.2d 781 (D.C. 1978)). The Nolo article Illegal Eviction Procedures in the District of Columbia provides more information on illegal eviction procedures in Washington, DC.

Landlord Did Not Follow Proper Eviction Procedures

A landlord must carefully follow all the rules when evicting a tenant. For example, if the tenant did not waive the 30-day notice for failure to pay rent, the landlord must give the tenant a full 30-days’ notice before filing the eviction lawsuit. If the landlord only gives the tenant 15 days to pay rent and then files the eviction lawsuit, the tenant could use the lack of proper notice as a defense against the eviction lawsuit. One thing to keep in mind, though, is that this type of a defense will not stop a justified eviction. It will only delay the proceedings. The landlord can still file an eviction lawsuit after fixing the deficient procedure.

Landlord Evicts Tenant for Failure to Pay Rent

A tenant who is facing eviction for not paying rent may have at least one defense available.

Tenant Paid Rent in Full

As long as a tenant does not waive the right to notice in the lease agreement, the law in the District of Columbia requires a landlord to give a tenant 30 days to pay the rent before filing the eviction lawsuit. If the tenant pays the rent within the 30-day time period, the landlord must not proceed with the eviction lawsuit (see D.C. Code Ann. § 42-3505.01(b)). The tenant should ask for a time-stamped receipt to prove the rent was paid within the 30-day period. If the landlord proceeds with the eviction lawsuit even after receiving the rent payment, the tenant can use the receipt as a defense against the eviction.

Landlord Did Not Maintain the Rental Unit

A landlord has an obligation to maintain the rental unit in a habitable condition and in good repair. The D.C. Housing Code sets out all of the maintenance guidelines a landlord must follow. Among other things, a landlord must provide:

• electricity
• heat
• fire safety, such as smoke alarms and carbon monoxide detectors
• well ventilated bathrooms
• plumbing, including hot water, and
• access to trash containers.

For a full list, see D.C. Mun. Regs., tit. 14, §§ 400 to 900; see also the Tenant Survival Guide, § 3.

If the rental unit needs a repair in one of the required areas, then the tenant must provide the landlord with notice of the repair. The tenant must give the landlord a reasonable amount of time to make the repairs. If the landlord does not make the repairs within a reasonable amount of time, then the tenant may have some options available:

1. The tenant could end the lease agreement and move out of the rental unit (see D.C. Mun. Regs., tit. 14 § 302).
2. The tenant could make the repairs and then deduct the amount of the repairs from the rent.
3. The tenant could withhold rent until the repairs have been made.

See Javins v. First Nat’l Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970); see also the Tenant Survival Guide, § 3).

Before proceeding with any of these options, though, the tenant should check with a lawyer for best practice procedures. A judge may decide that the tenant owes more rent than was withheld or that the repairs were not necessary under the housing code.

However, if a landlord tries to evict a tenant for not paying rent, then the tenant could as a defense that the rental unit is in need of necessary repair. The Nolo article District of Columbia Tenant Rights to Withhold Rent or “Repair and Deduct” has more information on the topic.

Landlord Evicts Tenant for Violating the Lease Agreement

A landlord must give a tenant 30 days to fix a lease violation. This notice cannot be waived by the tenant. If the tenant fixes the violation within the 30-day period, then the landlord must not proceed with the eviction. If the landlord proceeds with the eviction lawsuit anyway, then the tenant could use proof that the violation was fixed within the appropriate time frame as a defense to the eviction (see D.C. Code Ann. § 42-3505.01(b)).

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition to the protections afforded under the federal act, the District of Columbia has also adopted the Human Rights Act of 1977. It also provides protection against discrimination based on color, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, source of income, status as a victim of an intrafamily offense, or place of residence or business of any individual. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Resources for Tenants in Washington, D.C.

The very best resource for tenants in the District of Columbia is the Office of the Tenant Advocate, or OTA. This is an office provided by the government to help tenants understand their legal rights within the District of Columbia. The OTA also publishes the Tenant Survival Guide, which has been referenced throughout this article.

The Legal Aid Society of the District of Columbia also provides legal help to those who qualify based on income. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Local courts may also be a useful resource. All evictions cases must be filed with the Landlord and Tenant Branch of the Superior Court. The court system provides some information and help through a resource center and through volunteer attorneys and law students.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle your whole eviction case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

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

Also check out Nolo’s Lawyer Directory for District of Columbia lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com. If you want to learn about how tenant bankruptcy affects an eviction, see the Nolo article Bankrupt Tenants.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A landlord can evict a tenant in Virginia for a variety of reasons, including tenant failure to pay rent or tenant violation of a portion of the lease or rental agreement. A tenant facing an eviction may have at least one defense available to fight the eviction.

This article will examine the basic eviction process in Virginia, as well as the most common defenses available to a tenant facing eviction for not paying rent or violating a portion of the lease agreement.

Eviction Notice Requirements and Process in Virginia

The Virginia Residential Landlord and Tenant Act and the Landlord and Tenant chapter of the Code of Virginiaregulate the relations between a landlord and tenant and provide the correct procedures a landlord must follow when trying to evict a tenant. A landlord must file an eviction lawsuit, also called an unlawful detainer suit, and receive a court order before actually evicting a tenant. Before filing the eviction lawsuit, the landlord must give notice to the tenant. The type of notice required depends on the reason for the lawsuit.

Notice Requirements for Failure to Pay Rent

If a tenant fails to pay rent on time, a landlord must provide the tenant with at least five days’ notice before filing the eviction lawsuit. The notice must be written, and it must give the tenant the option to either pay the rent or leave the premises. If the tenant does not pay the rent or move out within the five-day time period, then the landlord can proceed with the eviction (see Va. Code Ann. § 55-225).

Notice Requirements for Lease Violations

The type of notice a landlord must provide for a lease violation depends on the type of violation.

If the tenant’s violation can be fixed, such as by not parking in an unauthorized parking space, then the landlord must provide the tenant with a written 30-day notice. The notice must give the tenant 21 days to fix the violation or the lease will terminate at the end of the 30-day period. If the tenant does not fix the violation within 21 days, then the landlord can file an eviction lawsuit (see Va. Code Ann. § 55-248.31(A)).

If the tenant’s violation cannot be fixed, such as willfully causing major damage to the rental unit, then the landlord must provide the tenant with a written 30-day notice that states the lease will terminate in 30 days. At the end of the 30 days, the landlord can proceed to court to file the eviction lawsuit (see Va. Code § 55-248(31)(C)).

If the tenant’s lease violation is also a criminal act, such as drug possession, the landlord does not need to provide the tenant with notice and can proceed directly to court for an eviction court order (see Va. Code § 55-248(31)(C)).

Eviction Process in Virginia

If the tenant has not paid rent or corrected the lease violation after receiving proper notice, then the landlord can file a complaint to begin the eviction lawsuit. The complaint is filed in either the general district court or the circuit court of the county where the rental property is located (see Va. Code Ann. § 8.01-124). The tenant will then receive a copy of the summons and complaint, and the summons will have a date and time on it for a hearing before a judge. If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing, the judge will listen to both sides of the case and make a determination regarding the eviction (see Va. Code Ann. § 8.01-126).

The tenant may find that challenging the eviction is not always the best option. If the tenant loses, the tenant might have to pay the landlord's court and attorney's fees. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Eviction Defenses in Virginia

A tenant faced with an eviction in Virginia may have at least one defense available to fight the eviction.

Landlord Used a "Self-Help" Eviction

A landlord must receive a court order to evict a tenant. If a landlord tries to evict a tenant through any other means, this is referred to as a “self-help” eviction. Examples of a self-help eviction include shutting off the utilities or blocking access to the rental property. A landlord who tries these types of procedures can be held liable to the tenant for damages (see Va. Code Ann. §§ 55-248.26, 55-225.2). See the Nolo article, Illegal Eviction Procedures in Virginia, for more information on self-help evictions.

Landlord Did Not Follow Proper Eviction Procedures

When evicting a tenant, a landlord must carefully follow all the proper procedures as set out by the law. If a landlord does not follow the procedures exactly, the eviction may be delayed. For example, a landlord must give a tenant a written notice that provides five days to pay rent. If the landlord does not give the tenant the notice but instead proceeds directly to court to file the eviction lawsuit, the tenant could use lack of notice as a defense to the eviction. However, this type of defense will not completely dismiss a justified eviction. The landlord will have the opportunity to correct the procedural deficiency. As soon as the landlord provides the notice and waits the appropriate amount of time, the landlord can file a new eviction lawsuit and proceed with the eviction.

Landlord Evicted Tenant for Not Paying Rent

A tenant who is being evicted for not paying rent may have a defense available.

Tenant Paid Rent in Full

Virginia law requires a landlord to give the tenant five days to pay rent, after the rent is late. If the tenant pays the rent during this time period, the landlord must not proceed with the eviction lawsuit (see Va. Code Ann. § 55-225). When paying rent during the five-day time period, the tenant should request a time-stamped receipt. If the landlord proceeds with an eviction lawsuit even after the rent is paid, the tenant can use the receipt as evidence that the rent was paid within the appropriate time frame.

Landlord Did Not Maintain the Rental Unit

A landlord in Virginia is required to maintain the rental unit in good repair and in a habitable condition. The landlord’s obligations include:

• keeping the building in compliance with health and safety codes
• keeping all common areas safe and clean
• maintaining in good working order all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances provided by the landlord for the tenant’s use
• preventing the growth of mold
• providing trash receptacles
• providing running water, including hot water, and
• providing heat and air conditioning, as required by the seasons.

See Va. Code Ann. § 55-248.13.

If the rental unit is in need of repair in one of these areas and the repair materially affects health and safety, then the tenant must provide the landlord with a written notice detailing the necessary repairs. If the repair can be fixed, the notice must give the landlord 21 days to make the repairs or state that the lease agreement will terminate in 30 days. If the landlord does not make the repairs, the tenant can move out of the rental unit and terminate the lease. If the repair cannot be fixed, then the tenant must provide the landlord with a written notice stating the problems and that the lease agreement will terminate in 30 days (see Va. Code Ann. § 55-248.21).

If the landlord fails to supply heat, running water, hot water, electricity, gas, or another essential service, the tenant must give the landlord a written notice detailing what is needed. The notice must give the landlord a reasonable time to supply the service. If the landlord does not supply the necessary services, then the tenant has two options:

1. The tenant can go to court to recover damages equal to the reduced value of the rental unit.
2. The tenant can find another place to live until the repairs are made and not pay rent during the time period, as determined by the court.

Either way, the tenant must go to court for a determination of the damages and rent owed (see Va. Code Ann. § 55-248.23).

The tenant can also choose to just not pay rent to the landlord until any necessary repair is made. If the landlord brings an eviction action against the tenant for not paying rent, the tenant could use evidence that necessary repairs were needed at the rental unit as a defense against the eviction. The tenant must prove, though, that the landlord was given a written notice and reasonable time to make the repair and that the landlord did not make the repair. The tenant, in the meantime, must pay the rent to the court, and the court will hold the rent in escrow until damages are determined. The court may determine that any portion of the rent being held in escrow must be paid to the landlord or returned to the tenant (see Va. Code Ann. § 55-248.25).

Landlord Evicted Tenant for Violating the Lease Agreement

A landlord must give a tenant a 30-day notice if the tenant is violating the lease agreement. The notice must give the tenant 21 days to correct the lease violation. If the tenant corrects the violation within the 21 days, then the landlord must not proceed with an eviction lawsuit (see Va. Code Ann. § 55-248.31(B)). If the landlord proceeds with the eviction even after the tenant fixed the violation, the tenant can use evidence that the violation was fixed within the appropriate time frame as a defense against the eviction.

Landlord Evicted the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, the Virginia Fair Housing Law also makes it illegal for a landlord to discriminate against a tenant based on color and elderliness. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Resources for Tenants in Oklahoma

Virginia has several legal aid organizations that will provide free legal help to those who qualify based on income, including Virginia Legal Aid and the Virginia Legal Aid Society. The Virginia Legal Aid Society also has a booklet with more information on evictions in Virginia. Tenants who live in federally assisted housing should also check out thetenant resource page at HUD.gov.

Local courts may also be a useful resource. Evictions are filed in either the general district court or circuit court of the county in which the rental unit is located. The Virginia court system provides an online directory for you to look up the court information in your county.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

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

Also check out Nolo’s Lawyer Directory for Virginia lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In New Mexico, a tenant can be evicted for a variety of reasons, including not paying rent or violating the lease or rental agreement. However, a tenant may have a defense if faced with an eviction for not paying rent or violating the lease.

This article looks at the most common reasons tenants are evicted in New Mexico and some legal grounds or defenses tenants have to fight an eviction.

Grounds for Eviction in New Mexico

The two most common reasons tenants are evicted in New Mexico are for failing to pay rent or violating the lease agreement. In New Mexico, the Uniform Owner-Resident Relations Act sets out all the rules landlords and tenants must follow, including rules for evictions (to search the official statutes through the New Mexico government’s website, click here). Before a tenant can be evicted, a landlord must provide the tenant with a notice that details the reasons for the eviction and gives the tenant an opportunity to either pay rent or fix a lease violation. If the tenant does not fix the violation, the landlord can then file an eviction lawsuit with the court.

Nonpayment of Rent

One of the most common reasons for eviction is the tenant failing to pay rent. Before filing the eviction lawsuit, the landlord must first give the tenant a notice. The landlord can give the tenant notice as soon as rent is late. The notice must state that the tenant has three days to either pay the rent or the lease will terminate and the landlord will file an eviction lawsuit (see N.M. Stat. Ann. § 47-8-33(D)). If the tenant does not pay the rent within the three-day time period, the landlord can then proceed with the eviction.

Lease Violations

Another common reason for eviction is for a lease violation. The landlord must give the tenant a notice before filing the eviction lawsuit. The notice must detail the lease violation and state that the tenant has seven days to either fix the violation or the landlord will terminate the lease and begin eviction proceedings (see N.M. Stat. Ann. § 47-8-33(A)). If the tenant does not fix the lease violation within the seven-day time period, the landlord can then file an eviction lawsuit with the court.

Examples of lease violations include having unauthorized people living in the rental unit or having pets when none are allowed.

Eviction Process

After the landlord gives the tenant notice and the tenant fails to either pay rent or fix the lease violation, the landlord can file an eviction lawsuit with the appropriate district court or magistrate court (see N.M. Stat. Ann. § 47-8-10). The landlord must file a summons and complaint with the court, and then the tenant will receive a copy of the paperwork. The summons will have a time and date on it for a hearing before a judge. If the tenant wishes to challenge the eviction, the tenant must appear at the hearing and tell the judge any defenses the tenant may have to the eviction. The judge will listen to both the landlord and the tenant and then make a final decision regarding the eviction.

The tenant may find that challenging the eviction is not always the best option. If the tenant loses, the tenant might have to pay the landlord's court and attorney's fees. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Eviction Defenses in New Mexico

Below are some of the most common defenses for tenants in New Mexico.

Landlord Evicts Tenant with a "Self-Help" Eviction

A landlord can only evict a tenant after receiving a court order from a judge allowing the eviction to occur. New Mexico law makes it illegal for a landlord to attempt to remove a tenant in any other way, such as shutting off the utilities or changing the locks at the rental unit. If the landlord attempts a “self-help” eviction, the tenant can sue the landlord for damages and seek possession of the rental unit again (see N.M. Stat. Ann. § 47-8-36). For more information on “self-help” evictions, see the article Illegal Eviction Procedures in New Mexico, published by Nolo.

Landlord Does Not Follow Proper Eviction Procedures

When evicting a tenant in New Mexico, it is very important that a landlord carefully follows all the rules laid out in the Uniform Owner-Resident Relations Act. If a landlord does not follow all the rules, the eviction may not be valid. For instance, a landlord must give a tenant a three-day notice after the tenant fails to pay rent. If the tenant does not pay rent during the three-day period, the landlord can then file the eviction lawsuit. However, if the landlord does not give the tenant a three-day notice and files the eviction lawsuit anyway, the tenant can use lack of notice as a defense to the eviction. The eviction lawsuit would stop, and the landlord would have to give the tenant a three-day notice, and then file a new eviction lawsuit if the tenant still failed to pay rent. Keep in mind that this type of defense will not stop a justified eviction. It merely delays it. Once the landlord fixes the deficient procedure, the eviction will proceed.

Landlord Evicts Tenant for Not Paying Rent

There are a couple potential defenses for a tenant who is being evicted for not paying rent.

Tenant Paid Rent in Full

A landlord must give a tenant a full three days to pay rent after giving the tenant notice. If the tenant pays rent within those three days, the landlord must not proceed with the eviction (see N.M. Stat. Ann. § 47-8-33(D)). The tenant should ask for a time-stamped receipt when paying rent during this three-day time period. This way, if the landlord files the eviction lawsuit anyway, the tenant can use the receipt as evidence that the tenant paid rent within the appropriate time.

Landlord Did Not Maintain the Rental Unit

A landlord is required under the law in New Mexico to keep a rental unit in good repair and safe condition. Specifically, this means the landlord must:

• comply with all housing codes that affect health and safety
• keep all common areas in safe condition
• maintain in good and safe working order electrical, plumbing, sanitary, heating, ventilating, air conditioning, and all other facilities and appliances
• provide trash receptacles and arrange for their removal
• supply running water, including hot water, at all times, and
• supply heat at all times.

See N.M. Stat. Ann. § 47-8-20.

If the rental unit needs maintenance in one of these areas, and the resident did not cause the damage to the rental unit, the tenant must give the landlord written notice specifying the necessary repair and at least seven days to make the repair. If the landlord does not make the repair within seven days, the tenant can choose one of the following remedies:

1. The tenant can terminate the rental agreement and move out of the rental unit. The landlord would be required to return to the tenant any prepaid rent and deposits (see N.M. Stat. Ann. § 47-8-27.1(A)(1)).
2. The tenant can choose to pay only one-third of the daily rent until the repair is made. This option is called rent abatement (see N.M. Stat. Ann. § 47-8-27.2(A)(1)).
3. If the rental unit is uninhabitable, the tenant can temporarily move out of the rental unit and choose not to pay rent at all until the repairs are made and the tenant can move back in (see N.M. Stat. Ann. § 47-8-27.2(A)(2)).

If the landlord tries to evict the tenant after the tenant either pays a reduced rent or pays no rent, the tenant can use evidence that the landlord did not provide necessary repairs as a defense against the eviction.

Landlord Evicts Tenant for a Lease Violation

If a tenant violates the lease agreement, the landlord is required to give the tenant a seven-day notice that allows the tenant to fix the lease violation before the landlord proceeds with the eviction lawsuit. If the tenant fixes the violation within the seven days, the landlord must not proceed with the eviction (see N.M. Stat. Ann. § 47-8-33(A)). The tenant can use evidence that the violation was corrected within the appropriate time frame as a defense to an eviction, if the landlord chooses to proceed with the eviction anyway.

Landlord Evicts Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, New Mexico has also enacted the Human Rights Act, which protects all the groups protected under the federal Fair Housing Act, plus color, ancestry, sexual orientation, gender identity, and spousal affiliation. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in New Mexico

For those who qualify based on income, New Mexico Legal Aid will provide legal help for a variety of issues, including housing issues. New Mexico Legal Aid also sponsors Law Help New Mexico, which provides free information for anyone needing information on housing laws. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed in either the district court or magistrate court in New Mexico. The state is divided into thirteen districts. For a map of the districts and the location of the district and magistrate courts closest to you, check out this online map provided by the New Mexico judicial system.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

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

Also check out Nolo’s Lawyer Directory for New Mexico lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on a wide variety of tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A tenant can be evicted in New Hampshire for a variety of reasons, including failing to pay rent or violating the lease or rental agreement. There are several potential defenses available to challenge an eviction based on a lease violation or failure to pay rent.

This article will examine the basic eviction process in New Hampshire, along with the most common defenses available.

Grounds for Eviction in New Hampshire

Evictions in New Hampshire are regulated by state statutes. The statutes set forth all the rules and regulations landlords and tenants must follow when renting property. It also details when and how a landlord can evict a tenant. The two most common reasons for eviction are failing to pay rent and violating the lease agreement.

Eviction for Nonpayment of Rent

A landlord can evict a tenant who refuses to pay rent. Before doing so, the landlord must first give the tenant a demand for rent and a seven-day notice to quit. The demand for rent can be given to the tenant any time after rent is due and either before the notice to quit or at the same time as the notice to quit is given to the tenant. The demand must state how much rent is due and owing to the landlord. If the landlord gives the tenant a demand for rent before giving a notice to quit, then as soon as the tenant refuses to pay rent after receiving the demand, the landlord can give the tenant a seven-day notice to quit. The seven-day notice to quit must state that the tenant has seven days to either pay the rent in full or vacate the premises. If the tenant still refuses to pay rent, the landlord can file an eviction lawsuit with the court at the end of the seven-day period (see N.H. Rev. Stat. Ann. §§ 540:2–5).

Eviction for Lease Violations

A landlord can also evict a tenant for violating the lease (see N.H. Rev. Stat. Ann. § 540:2(II)(c)). The landlord must give the tenant a 30-day notice as soon as the violation occurs. The notice must state the specific reason for the eviction. The landlord does not need to allow the tenant to come into compliance with the lease. This means that even if the tenant fixes the lease violation within the thirty-day time frame, the landlord can still proceed with the eviction. At the end of the thirty days, if the tenant has not moved out of the rental unit, the landlord can proceed with the eviction lawsuit (see N.H. Rev. Stat. Ann. § 540:3).

Examples of lease violations include having unauthorized people living in the apartment or having a pet when none are allowed.

New Hampshire’s Eviction Process

If the tenant has not paid rent or moved out of the rental unit, at the end of the appropriate time frame, then the landlord can file an eviction lawsuit with the appropriate district court. The landlord must file a writ and summons with the court, and then the tenant will receive a copy of both. The writ will have a date on it by which the tenant must file an Appearance Form, if the tenant wishes to challenge the eviction. The court will then set a date for a trial, and the landlord and tenant will both be notified of the trial date by mail. If the tenant does not file an Appearance Form, the judge will automatically rule in the landlord’s favor and the eviction will proceed. Therefore, it is crucial that the tenant carefully reviews the writ and files the appropriate paperwork in the given time frame. The tenant must then attend the trial and present a defense. At the trial, the judge will listen to both the landlord and the tenant and then come to a final decision regarding the eviction (see N.H. Rev. Stat. Ann. § 540:13; see also the Landlord and Tenant Procedure section of the state district court website).

The tenant may find that challenging the eviction is not always the best option. If the tenant loses, the tenant might have to pay the landlord's court and attorney's fees. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Eviction Defenses in New Hampshire

A tenant facing eviction for failing to pay rent or violating the lease may have at least one defense available.

Landlord Evicts Tenant with a "Self-Help" Eviction

The only way a landlord can evict a tenant is by receiving a court order from a judge allowing the eviction to proceed. It is unlawful for a landlord to try to evict a tenant in any other way, including shutting off utilities to the rental unit or changing the locks on the doors. Actions such as these are often referred to as a “self-help” eviction. If a landlord attempts to evict a tenant through “self-help” actions, the tenant can sue the landlord for damages (see N.H. Rev. Stat. Ann. § 540-A:3). The Nolo article Illegal Eviction Procedures in New Hampshire has more information on “self-help” evictions.

Landlord Does Not Follow Proper Eviction Procedures

When evicting a tenant, a landlord must carefully follow all the procedures set forth in the New Hampshire statutes. If the landlord does not follow all the procedures, the tenant may be able to challenge the eviction. For example, if a tenant has violated the lease, the landlord must provide the tenant with a thirty-day notice that states the tenant must move out of the rental unit or the landlord will file the eviction lawsuit at the end of the thirty days. If the landlord does not give the tenant any kind of notice but instead goes straight to court and files the lawsuit, the tenant could use lack of notice as a defense to the eviction. The eviction lawsuit would then stop and the landlord would be required to give the tenant a thirty-day notice, wait the full thirty days, and then file a new lawsuit with the court. Keep in mind that this type of defense does not completely stop a justified eviction. It simply delays it. As soon as the landlord fixes the deficient procedure, the eviction will proceed.

Landlord Evicts Tenant for Failing to Pay Rent

A tenant being evicted for not paying rent may have a defense available.

Tenant Paid Rent in Full

In New Hampshire, a landlord is required to give a tenant a demand for rent and a seven-day notice to quit after the tenant has failed to pay rent on time. If the tenant pays rent during the seven-day time frame, plus a $15.00 penalty fee, the landlord must not proceed with the eviction (see N.H. Rev. Stat. Ann. § 540:9). The tenant should ask for a time-stamped receipt when paying rent during the seven-day time frame. This way, if the landlord proceeds with the eviction lawsuit anyway, the tenant can use proof that the rent was paid as a defense to the eviction.

Landlord Did Not Maintain the Rental Unit

When renting a property in New Hampshire, a landlord is required to follow a minimum set of health and safety standards set forth by state statute. When renting a rental unit, the landlord must do the following:

• provide pest control and ensure the premises are free of rodents and insects, including bed bugs
• maintain plumbing and electrical systems
• ensure there are no leaks or holes in the roof, walls, floors, or ceilings of the rental unit
• ensure that the outside structure is structurally sound
• provide garbage receptacles and arrange for removal services
• provide water, including hot water, and heat at all times, and
• maintain all gas lights and pilot lights in appliances provided by the landlord.

See N.H. Rev. Stat. Ann. § 48-A:14.

If the landlord is deficient in any of these areas, the tenant must provide the landlord with a 14-day notice that details the deficiencies and asks the landlord to fix them. The tenant may decide not to pay rent until the deficiencies are fixed. If the landlord tries to evict the tenant for not paying rent, the tenant can defend against the eviction by proving that the landlord failed to maintain the rental unit as required by law and that the tenant provided the landlord with sufficient notice of the necessary repairs. The court will then have the tenant deposit any unpaid rent and future rent, if necessary, into an account maintained by the court. The court will allow the landlord another thirty days to make the repairs. If the landlord makes the repairs, the rent money will be apportioned back to the landlord and the tenant based on the fair rental value of the unit and any damages the court decides to award the tenant based on the landlord’s failure to act. If the landlord does not make the repairs, the tenant will be awarded the entire amount of money paid into the court for unpaid rent (see N.H. Rev. Stat. Ann. § 540:13-d).

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. New Hampshire has also enacted the Law Against Discrimination. In addition to protecting all the classes protected under the Fair Housing Act, the Law Against Discrimination also protects a tenant from being discriminated against based on age, creed, color, marital status, and sexual orientation. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo articleHousing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in New Hampshire

New Hampshire has a number of legal aid offices throughout the state, including New Hampshire Legal Aid and New Hampshire Legal Assistance. Legal aid offices generally provide free or reduced cost legal assistance to those who qualify based on income. New Hampshire Legal Aid also provides free online housing resources available to all. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed with the appropriate district court in New Hampshire. The state of New Hampshire is divided into 32 districts. To find your district court, visit the online directory maintained by the New Hampshire judicial system. The state district court website also has some information on how to file eviction lawsuits, along with links to the appropriate forms to use.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

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

Also check out Nolo’s Lawyer Directory for New Hampshire lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com. If you want to learn about how tenant bankruptcy affects an eviction, see the Nolo article Bankrupt Tenants.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

Overview of Landlord-Tenant Law

Landlord-tenant laws affect all aspects of a tenancy, from move-in (starting  with tenant screening) to move out (when and how a tenancy ends). Both landlords and tenants have specific rights and responsibilities, primarily under state law. Tenants typically have clearly defined legal rights when it comes to discrimination; privacy; habitability; security deposits (amount, use, and return); and how and when a landlord may end a tenancy. Tenants also have legal responsibilities, usually spelled out in the lease or rental agreement; these include paying the rent by a specified date; keeping their unit in good condition; complying with limits on the number of people who may live in the rental unit; providing a specified amount of notice to end a tenancy; and avoiding damage to the rental property or disturbing other tenants or neighbours.

Typical disputes occur when a tenant feels that his or her rights have been violated, or when a landlord claims that a tenant has failed to comply with a lease or rental agreement requirement, such as to pay rent on time. Many landlords and tenants are able to negotiate an agreement on their own or, perhaps, with the help of an outside mediator. In some cases (such as discrimination complaints), a government agency (such as, a federal or state fair housing agency) may be involved. Should a landlord-tenant dispute end up in court (for example, in an eviction or personal injury lawsuit),  both landlord and tenant will need an experienced attorney to represent them. A dispute that ends up in small claims court (such as a fight over the security deposit) is an exception: Lawyers are not necessary in small claims court and are not even allowed in many states.