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

Question

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.

Bill S. · Answer

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.

Account Closed · Answer

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.

Jean Bolger · Answer

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. · Answer

@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.

Dawn Anastasi · Answer

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

Liam Goble · Answer

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.

Heidi M. · Answer

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.  ;)

Jon Holdman · Answer

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.

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

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