Tradition, Tension, and Change in Landlord-Tenant Law

Question 1

Self Help

Answer 1

Occurs when a landlord uses an extra judicial (non-legal) process to remove a holdover tenant or defaulting tenant.

*Self-help is not allowed

Question 2

What type of force can a landlord use to remove a holdover tenant?

Answer 2

At common law, landlords could use “necessary” force but no more to evict the tenant.

All remedies for possession of property must be through the legal process

Question 3

Fair Housing Law

Answer 3

Landlords are under the most significant constraints as imposed by the Federal Fair Housing Act, 42 U.S.C.A. §§ 2601-3619, & 3631.

Disparate impact is standard of proof rather than actual discriminatory motive

In roommate rentals, discrimination is allowed

Exceptions to landlords of small rentals, especially when the owners live in one of the units