Rights of Tenants Who Are Victims of Certain Crimes Flashcards
Applicable Offenses
(1) Crime involving domestic or family violence;
(2) sex offense; or
(3) Stalking
Protection from Retaliation
Landlord may not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant solely because tenant is a victim of an applicable offense
Change of Locks Requirement: Outside Perpetrators
If perpetrator is not a tenant of the same dwelling unit as the tenant, landlord is required to change the locks of the tenant’s dwelling unit, upon the written request of the tenant, within 48 hours after the tenant gives the landlord a copy of the court order
Change of Locks Requirement: Resident Perpetrators
If perpetrator is a tenant of the same dwelling unit as the tenant, landlord is required to change the locks of the tenant’s dwelling unit, upon the written request of the tenant, within 24 hours after the tenant provides the landlord with a copy of a court order
Unless the court order provided allows the perpetrator to return to the dwelling unit to retrieve the perpetrator’s personal property, landlord may not provide the perpetrator access to the dwelling unit
Landlord’s Civil Immunity
A landlord who changes the locks in accordance with statute is IMMUNE FROM CIVIL LIABILITY for excluding the perpetrator from the dwelling unit under a court order or for loss of use of or damage to personal property while the personal property is present in the dwelling unit
Perpetrator’s Liability for Rent or Damages to Dwelling
Perpetrator who has been excluded from a dwelling unit pursuant to statute REMAINS LIABLE under the lease with all other tenants of the dwelling unit for rent or damages to the dwelling unit as provided in the lease
Responsibility for Costs of Changing Locks
TENANT must reimburse the landlord for the actual expense incurred by the landlord in changing the locks
Termination of Tenancy By Protected Tenant
Protected tenant may terminate rights/obligations under rental agreement by providing landlord 30 DAYS WRITTEN NOTICE