Landlording and Violence Against Women Act (VAWA)

Landlording and Violence Against Women Act (VAWA)

Investor · Reisterstown, MD · Member since 2015 · 56 posts · 20 votes

I have a voucher tenant that is also protected by VAWA, as a member of a state administed program. Tenant just gave me a 30 day notice to vacate and asking me about getting back her security deposit, despite the lease stipulating 60-day notice, and early termination fee in the amount of one full monthly rent. Stipulation is tenant declared emergency move to the housing authority under VAWA. Local housing authority is pressing me to sign lease rescision form, and basically my hands are tied. I am losing a tenant that barely lived at the property, and forced into unplanned vacancy and turnover... and feel like the whole system is against me. Looks like I cant collect against the lease for giving wrong notice and early lease termination to help ease the pain. How do my fellow landlords deal with similar situations? Any words of wisdom are appreciated!

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Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
5mo

I had a similar breaking of lease for a military transfer.   His CO provided a letter and phone number on the short notice transfer.  By law, and by all right, there is no tenant penalty for a military transfer.

I view it as part of the residential RE business and the least of what I can do to support our military (I supported our military more substantially virtually my entire w2 career).

I suggest you try to look at it similarly.   For some reason the tenant is feeling threatened and needs to move.

we had a gay tenant that one of the neighbors threatened with a gun apparently just because they were gay.   The police were called and did $hit.   I was out of town and out of communication so the wife had to deal with the incident solo.   She offered a no penalty early lease termination. There was no law mandating this, but it was the right thing to do.   If I was in town I would have done things differently, but her way was low risk and compassionate.   How would any of us feel if our tenant got shot because we were unwilling to let them terminate the lease early.   We do not need the money bad enough for that bad karma.

Screen well and take solace that you did your part keeping your tenant safe.

Good luck

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5mo
    Quote from @Ken Chud:

    Any words of wisdom are appreciated!

    Don't be an assh*le. She's the victim of a violent crime. Have some sympathy and get the unit ready for a new tenant.

    There is nothing to do to prepare for this. It's a rarity it is invoked. Unless you're in a C/D area, you'll probably never have to deal with this again. Yes, you are the loser in this. The law trumps your lease. That's a cost of doing business. 

    • Investor · Reisterstown, MD · Member since 2015 · 56 posts · 20 votes
      5mo
      Quote from @Greg M.:
      Quote from @Ken Chud:

      Any words of wisdom are appreciated!

      Don't be an assh*le. She's the victim of a violent crime. Have some sympathy and get the unit ready for a new tenant.

      There is nothing to do to prepare for this. It's a rarity it is invoked. Unless you're in a C/D area, you'll probably never have to deal with this again. Yes, you are the loser in this. The law trumps your lease. That's a cost of doing business. 

      Flipping you a bird for lecturing me. If you dont have anything concrete or positive to say just pass on through. She was the victim 15 years ago when got signed up for the program. This is the third tenant in a row at this house that is doing this. Try walking in my shoes. 
  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    5mo

    If this is your third Tenant to pull that card, maybe, just maybe, the Tenant is not the problem. Maybe horrible neighbors. Maybe unsafe or unhealthy conditions within the home due to poor, or lack of, adequate maintenance (yes, I realize it must have passed an inspection prior to move in, but maybe multiple issues have arisen or been discovered over short time, so they have reason to look for a way out), or, it could certainly be legit as advertised.

    Just at a quick glance, and, I don't know what county you are in, which could make a difference( you always must know your LOCAL laws), but I see nothing that states you cannot charge for legitimate cleaning/tenant damages per local LL/Tenant laws and adhere to the "normal" timing of providing an accounting or refund of the deposit.

    DV is usually within the household, were all adult occupants screened and on the agreement? If not, were you aware of an unauthorized person residing there? How well were they all screened? Perhaps tighten up your processes.

    • Investor · Reisterstown, MD · Member since 2015 · 56 posts · 20 votes
      5mo
      Quote from @Richard F.:

      If this is your third Tenant to pull that card, maybe, just maybe, the Tenant is not the problem. Maybe horrible neighbors. Maybe unsafe or unhealthy conditions within the home due to poor, or lack of, adequate maintenance (yes, I realize it must have passed an inspection prior to move in, but maybe multiple issues have arisen or been discovered over short time, so they have reason to look for a way out), or, it could certainly be legit as advertised.

      Just at a quick glance, and, I don't know what county you are in, which could make a difference( you always must know your LOCAL laws), but I see nothing that states you cannot charge for legitimate cleaning/tenant damages per local LL/Tenant laws and adhere to the "normal" timing of providing an accounting or refund of the deposit.

      DV is usually within the household, were all adult occupants screened and on the agreement? If not, were you aware of an unauthorized person residing there? How well were they all screened? Perhaps tighten up your processes.


       There was one adult and several minor children. The property is in a working class area, not some run down, maintained. This tenant moved in while already on the program starting a decade ago, so the domestic incident took place about that long ago. She disclosed about being part of the program after I have screened and approved her application and understandably why- so she wont get discriminated against. Previous tenants also had similar protections, it os really unfortunate pattern of sort, and I dont know how to avoid in future. 

    • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
      5mo
      Quote from @Ken Chud:
      Quote from @Richard F.:

      If this is your third Tenant to pull that card, maybe, just maybe, the Tenant is not the problem. Maybe horrible neighbors. Maybe unsafe or unhealthy conditions within the home due to poor, or lack of, adequate maintenance (yes, I realize it must have passed an inspection prior to move in, but maybe multiple issues have arisen or been discovered over short time, so they have reason to look for a way out), or, it could certainly be legit as advertised.

      Just at a quick glance, and, I don't know what county you are in, which could make a difference( you always must know your LOCAL laws), but I see nothing that states you cannot charge for legitimate cleaning/tenant damages per local LL/Tenant laws and adhere to the "normal" timing of providing an accounting or refund of the deposit.

      DV is usually within the household, were all adult occupants screened and on the agreement? If not, were you aware of an unauthorized person residing there? How well were they all screened? Perhaps tighten up your processes.


       There was one adult and several minor children. The property is in a working class area, not some run down, maintained. This tenant moved in while already on the program starting a decade ago, so the domestic incident took place about that long ago. She disclosed about being part of the program after I have screened and approved her application and understandably why- so she wont get discriminated against. Previous tenants also had similar protections, it os really unfortunate pattern of sort, and I dont know how to avoid in future. 


      I do not understand how, if she has been on the VAWA state program for 10 years, she still has the ability to claim "emergency relocate". I would have a local LL/Tenant attorney school you on the details. BUT, I would still tighten up your screening, because I would wager she has other bad habits that show up, not the least of which would be a trail of frequent address changes. You did state it is generally a working class neighborhood...
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    5mo

    I had a similar breaking of lease for a military transfer.   His CO provided a letter and phone number on the short notice transfer.  By law, and by all right, there is no tenant penalty for a military transfer.

    I view it as part of the residential RE business and the least of what I can do to support our military (I supported our military more substantially virtually my entire w2 career).

    I suggest you try to look at it similarly.   For some reason the tenant is feeling threatened and needs to move.

    we had a gay tenant that one of the neighbors threatened with a gun apparently just because they were gay.   The police were called and did $hit.   I was out of town and out of communication so the wife had to deal with the incident solo.   She offered a no penalty early lease termination. There was no law mandating this, but it was the right thing to do.   If I was in town I would have done things differently, but her way was low risk and compassionate.   How would any of us feel if our tenant got shot because we were unwilling to let them terminate the lease early.   We do not need the money bad enough for that bad karma.

    Screen well and take solace that you did your part keeping your tenant safe.

    Good luck

    • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
      5mo
      Quote from @Dan H.:

      I had a similar breaking of lease for a military transfer.   His CO provided a letter and phone number on the short notice transfer.  By law, and by all right, there is no tenant penalty for a military transfer.

      I view it as part of the residential RE business and the least of what I can do to support our military (I supported our military more substantially virtually my entire w2 career).

      I suggest you try to look at it similarly.   For some reason the tenant is feeling threatened and needs to move.

      we had a gay tenant that one of the neighbors threatened with a gun apparently just because they were gay.   The police were called and did $hit.   I was out of town and out of communication so the wife had to deal with the incident solo.   She offered a no penalty early lease termination. There was no law mandating this, but it was the right thing to do.   If I was in town I would have done things differently, but her way was low risk and compassionate.   How would any of us feel if our tenant got shot because we were unwilling to let them terminate the lease early.   We do not need the money bad enough for that bad karma.

      Screen well and take solace that you did your part keeping your tenant safe.

      Good luck


      No comparison. The Servicemembers Civil Relief Act is longstanding Federal Law, and the Tenant must provide you a copy of their orders. Also, they are responsible for 30 days of rent from the date they provide you the notice, and there is no effect on how SD's are handled within applicable State Law.

      I agree, due to a current DV incident, it would be the right thing to do to let them out of the agreement without penalty. But, the way the OP presents it, is sounds like the person has been under this VAWA program for years...I don't see the nexus between that and her current need/desire to relocate, unless there has been a police report or new TRO. Or if the local Prosecutor just doesn't hold people accountable...which is entirely possible. 

      OP needs to check on local law with regard to their voucher program and local LL/Tenant laws for DV.
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