Can I choose not to renew a lease for a disabled veteran?

Can I choose not to renew a lease for a disabled veteran?

Rental Property Investor · Reno, NV · Member since 2013 · 77 posts · 31 votes

I have a tenant that I inheritated when I purchased two SFH on one lot. This tenant complains about everything. The latest incident was him complaining about his neighbors brakes squeeking when he's parking at night. He even called the police on this nice, quiet family. They are not getting along at all due to his constant complaining and confrontations that were initiated by him. I have told the complaining tenant numerous times not to bother me with these types of complaints as this man has the right to normal comings and goings. He was of course not happy with this and decided to pull the "disabled veteran card". I have never made any reference to his disablity in any way shape or form. I am quite frankly sick and tired of dealing with this man. He has sucked far to much of my time from me. I had planned to raise his rent when his lease expires (in a few months), but at this point I don't want to deal with him any longer. Can I choose not to renew his lease due to his disability? I already have a call into my attorney however, she has been out of the office. Just wanting some feedback from those that have more experience than I do.

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Wholesaler · Holiday, FL · Member since 2013 · 571 posts · 221 votes
12y
I offer a story -

I am not a black man. I once rented to a black man who was an endless pita tenant - much as you describe your tenant. At the end of his lease I did not renew and filed for eviction. He ranted and carried on and screamed that I was a bigoted bastard who was abusing him for no good reason. I advertised the house and then rented it to a white girl. About a month later some 'we represent downtrodden minorities' organization (may have been the NAACP - I can't remember) sent me threatening letters and then called with various questions that they demanded I answer. I was polite for a minute and then declined and told them to poop in their hat while never contacting me again.

They then filed discrimination charges against me. In court they used the fact that I had evicted a black man and rented to a white woman as de-facto proof of my discriminatory actions.

I countered with the defense that while I had no problem with renting to any color of person and would never favor one color over another - nothing in the law says that I have to rent to the annoying or the disagreeable ******** of the world. And as the former tenant had repeatedly demonstrated that he was, in fact such a person, it was for that reason only that I chose not to continue to do business with him.

The opposing attorney belittled and scoffed at my reasons and insisted that I was actually a bigoted bastard discriminating against someone specifically because they were black.

I asked the judge: Your Honor; I don't like the way this man acts, it has nothing to do with the color of his skin, he would be just as unpleasant to deal with no matter what color he was. I do not like him. I have chosen not to do business with him because of the way he acts and for no other reason. Do I have any legal obligation to do business with people that I do not like?

The judge said: No sir you do not.

Then I rest Your Honor. The case before you has no merit in Law, nor in Equity.

I have used that defense successfully several times. If I were in your situation now I would use it again. His disability does not entitle him to be objectionable nor obligate me to accept his abuse of my gracious and non-legally-discriminatory nature.




Originally posted by @Heidi M.:
I have a tenant that I inheritated when I purchased two SFH on one lot. This tenant complains about everything. The latest incident was him complaining about his neighbors brakes squeeking when he's parking at night. He even called the police on this nice, quiet family. They are not getting along at all due to his constant complaining and confrontations that were initiated by him. I have told the complaining tenant numerous times not to bother me with these types of complaints as this man has the right to normal comings and goings. He was of course not happy with this and decided to pull the "disabled veteran card". I have never made any reference to his disablity in any way shape or form. I am quite frankly sick and tired of dealing with this man. He has sucked far to much of my time from me. I had planned to raise his rent when his lease expires (in a few months), but at this point I don't want to deal with him any longer. Can I choose not to renew his lease due to his disability? I already have a call into my attorney however, she has been out of the office. Just wanting some feedback from those that have more experience than I do.
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  • Investor · Louisville, KY · Member since 2011 · 1k+ posts · 1k+ votes
    12y
    Originally posted by @Heidi M.:
    Can I choose not to renew his lease due to his disability?

    You absolutely cannot do this...not sure if you worded it incorrectly or not. What I've done in the past is to incentivize people to move out by raising the rent significantly. If the rent is 500 and other rents in the area are 600, I tell the tenant they can pay me 700 which is what I'll be getting for the unit after I remodel it or they can move on. Most people can't handle that much of an increase and won't want to. And even if they do, I'd deal with a little extra hassle for an extra $200/month.

    You may be able to just not renew the lease, but it sounds like you'll have a hard time getting the guy out of there. Whatever you do, do not even consider the fact that this guy is disabled. I'd approach every interaction (including posts on BP) without that bit of information in your mind and ignore it anytime he brings it up.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    Is this really your question?

    I don't think it is. You're asking "because he has a disability, am I prohibited from terminating his lease?" Fair housing laws state:

    • Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
    • Have a record of such a disability or
    • Are regarded as having such a disability
    • Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
    • Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

    They do not state you are required to take someone as a tenant if they have a disability. The disability is irrelevant. Check with your attorney and terminate the lease based on their advice and the terms of your lease.

  • Jean BolgerPro Member
    Aurora, CO · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    Pretty sure Heidi didn't mean "not renew to renew his lease due to his disability", probably more like "due to his disability, will there be an issue with not renewing his lease".

    And yeah, the tenant will probably try to make it about his disability. But @Michael Seeker says, you need to not let that be part of the discussion/issue. The only disability at issue from your end is the guy's RPD (rotten personality disorder)

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    I think the question was poorly worded. Based on what you said the question would be something like. Does him being disabled prevent me from ending his tenancy at the end of his lease? No but... be careful. You need to check your local laws. Some locations have weird (to me) requirements about requiring leases to be renewed. Other areas have specific time requirements for notices of non-renewal after a tenancy of a certain period of time. Check that out and make sure you comply with that. All that said, in most areas, there is not even a reason needed for non-renewal, in fact the lease does not "renew" unless stated such in the lease or other correspondance. Most places it would convert to a month to month agreement which could be ended by either party, without reason, given 30 days notice. Since you are having all the problems you should document in writing that the lease will not be renewed. Get him to acknowledge it in writing or send the notice via certified mail if you think he won't acknowledge it. Generally if it's your property you can do what you want with it at the end of the lease. I would not give any reason what so ever. You want your property back at the end of the lease. Period, end of story. You may have to evict him to get physical possession back. Follow your state law for that if it comes to that. You probably will also want a local eviction attorney specialist on your side before you do anything.

    You might try a happy clause. The happy clause goes something like this. Next time he complains say, "It doesn't sound like you are happy here. How about you move out by the end of the month?" Give him 24 hours to think about it no matter what he says initially. If he says yes, draw up the termination agreement and be done with him. If he says no then perhaps he will get the hint and pipe down. Otherwise you are stuck to the end of the lease.

  • Rental Property Investor · Reno, NV · Member since 2013 · 77 posts · 31 votes
    12y

    Yes, I agree the question was poorly worded. I would never choose to not renew a lease due to race, ethnicity or disability. This guy has been nothing but a pain and I have on several occassions had to tell him not to bother me with petty complaints. I am concerned his constant complaining and confrontations toward my other tenants, who pay early every month and only call me for repairs, will cause them to leave. Dealing with this is exhausting and not worth my time. The rent increase was going to be what I would like to call the PITA fee (Pain in the you know what{). However, after this last incident I would rather eat the vacancy costs than continue to deal with him. Now I've just got to figure out how to reword my original post. ;)

  • Property Manager · Big Bear Lake, CA · Member since 2013 · 585 posts · 330 votes
    12y

    You can definitely terminate the lease when it is done. Don't let him bully you with the disability thing. It probably works sometimes, so he uses it for sympathy, money, whatever.

    I would recommend that you document every single conversation you have with him, as well as any complaints from the neighbors about him. If you end up in court, you can use your documentation as reason enough.

  • Wholesaler · Holiday, FL · Member since 2013 · 571 posts · 221 votes
    12y
    I offer a story -

    I am not a black man. I once rented to a black man who was an endless pita tenant - much as you describe your tenant. At the end of his lease I did not renew and filed for eviction. He ranted and carried on and screamed that I was a bigoted bastard who was abusing him for no good reason. I advertised the house and then rented it to a white girl. About a month later some 'we represent downtrodden minorities' organization (may have been the NAACP - I can't remember) sent me threatening letters and then called with various questions that they demanded I answer. I was polite for a minute and then declined and told them to poop in their hat while never contacting me again.

    They then filed discrimination charges against me. In court they used the fact that I had evicted a black man and rented to a white woman as de-facto proof of my discriminatory actions.

    I countered with the defense that while I had no problem with renting to any color of person and would never favor one color over another - nothing in the law says that I have to rent to the annoying or the disagreeable ******** of the world. And as the former tenant had repeatedly demonstrated that he was, in fact such a person, it was for that reason only that I chose not to continue to do business with him.

    The opposing attorney belittled and scoffed at my reasons and insisted that I was actually a bigoted bastard discriminating against someone specifically because they were black.

    I asked the judge: Your Honor; I don't like the way this man acts, it has nothing to do with the color of his skin, he would be just as unpleasant to deal with no matter what color he was. I do not like him. I have chosen not to do business with him because of the way he acts and for no other reason. Do I have any legal obligation to do business with people that I do not like?

    The judge said: No sir you do not.

    Then I rest Your Honor. The case before you has no merit in Law, nor in Equity.

    I have used that defense successfully several times. If I were in your situation now I would use it again. His disability does not entitle him to be objectionable nor obligate me to accept his abuse of my gracious and non-legally-discriminatory nature.




    Originally posted by @Heidi M.:
    I have a tenant that I inheritated when I purchased two SFH on one lot. This tenant complains about everything. The latest incident was him complaining about his neighbors brakes squeeking when he's parking at night. He even called the police on this nice, quiet family. They are not getting along at all due to his constant complaining and confrontations that were initiated by him. I have told the complaining tenant numerous times not to bother me with these types of complaints as this man has the right to normal comings and goings. He was of course not happy with this and decided to pull the "disabled veteran card". I have never made any reference to his disablity in any way shape or form. I am quite frankly sick and tired of dealing with this man. He has sucked far to much of my time from me. I had planned to raise his rent when his lease expires (in a few months), but at this point I don't want to deal with him any longer. Can I choose not to renew his lease due to his disability? I already have a call into my attorney however, she has been out of the office. Just wanting some feedback from those that have more experience than I do.
  • Rental Property Investor · State College, PA · Member since 2013 · 287 posts · 99 votes
    12y

    I'm dealing with a similar situation, only I like both tenants, they just don't like each other. One complains about burnt popcorn smells while the other complains of Goliath stomping down the stairs. I've told both tenants I like them both and if they have issues to please work it out between themselves. If they need me to be present, I've offered to be there to talk it through.

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    12y

    Tell them you're not their kindergarten teacher and they need to learn to get along.

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    @Liam Goble I would NOT offer to be present. I am not referee. I can refer them to some local mediations services. Some college campuses have those services in-house and some Cities also have that as part of their housing programs. It is my tenants' responsibility to live like adults. I won't be drug into their drama.

  • Wholesaler · Holiday, FL · Member since 2013 · 571 posts · 221 votes
    12y
    Raise both their rents 5% each month until one of them refuses and moves out. Then reduce the remaining tenant's rent by 5% and ask them if they have any friends who are looking for a place to live.

    stephen
    ------------



    Originally posted by @Liam Goble:
    I'm dealing with a similar situation, only I like both tenants, they just don't like each other. One complains about burnt popcorn smells while the other complains of Goliath stomping down the stairs. I've told both tenants I like them both and if they have issues to please work it out between themselves. If they need me to be present, I've offered to be there to talk it through.
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