What Eviction Laws Apply To My Tenants?

There are federal, state, and local laws that govern the landlord/tenant relationship, as well as contract laws that must be followed. Prior to evicting a tenant, a landlord should ensure he/she is in compliance with these laws and follow the proper protocol for evictions.

Federal Laws

Under the Fair Housing Act of 1968, landlords are prohibited from discriminating against tenants based on the following characteristics:

• Sex
• Race
• Color
• Religion
• Familial Status
• National Origin
• Disability

Tenants who believe they have been evicted due to discrimination in violation of the Fair Housing Act can file a complaint with the U.S. Department of Housing and Urban Development (HUD). If HUD determines that reasonable cause exists to substantiate the complaint, a charge may be filed against a landlord, who can elect to have the charges litigated in federal court, or heard by an Administrative Law Judge.
If the court finds that a landlord discriminated against a tenant, penalties may be assessed including:

• Compensation for damages
• Injunctive or other equitable relief
• Fines paid to the Federal Government
• Payment of reasonable attorney's fees and costs

State Laws

State laws on rental agreements vary and should be consulted according to the state in which the property is located. Laws in a state govern the provisions in the lease, although there are some basic commonalities amongst the states.
Most states require a landlord to follow these basic steps to effect an eviction:

• File paperwork to initiate the eviction
• Submit additional legal documentation supporting the eviction
• Attend or retain representation for a hearing

Local Laws

Eviction procedures may vary according to the city, county, township, etc., where the rental property is located. Landlords should contact the local courts to inquire about how to properly initiate the eviction of a tenant.

Landlords can also contact a real estate attorney who can advise them of their rights and file paperwork in a complete and timely manner to ensure a smooth eviction. For a list of qualified tenant eviction attorneys in your area, complete our short questionnaire.