Renter issues

[Timothy Trewin]

Hopefully I post this in the right spot, but I have a couple of questions. Basically the story is I have a friend who is having issues with the renters in her house in Georgia and I was wondering what rights she has when dealing with them. Basically the renters are demanding that she put up a privacy fence because they have a son with autism and it is necessary according to them. Now this was not apparently an issue when she first rented out the house to this family. The owners refused due to cost and the fact that they do not want a fence on their property. The renters then went and got an estimate, which again the owners refused. The owners then found out that it was going to be a chain link fence that the renters wanted to put up and this was not allowed either by the HOA. Now the renters are looking to sue the owners (our friends) due to discrimination because their son has autism. Granted they signed a year lease before and there were no issues during that year. Now the renters are on a month to month lease and the issues are now arising.

My questions are, one would the renters have any case in court, and two would the owners have any rights in evicting them after giving a 30 day notice? These are concerns for them and myself as I am about to start buy and hold investing once I get to Tennessee. I appreciate any help from those with more knowledge in this area than myself.

[Marcia Maynard]

To the Landlord:

Become familiar with the Fair Housing Act. It is a federal law that will have a big role in this kind of scenario. Autism is a qualified disability. A fence could be considered as a reasonable accommodation. The property owner would need to allow for a fence and the HOA would also need to allow for it... IF the child does indeed have this disability AND the accommodation is necessary and reasonable.

The fence choice does not have to be the exact type chosen by the tenant, so find a fence the would meet everyone's needs... tenant, landlord and HOA. Also, the tenant would be compelled to pay for the installation, maintenance and future removal of the fence. If they do not want to pay for the fence, they may want move. Releasing them from the lease early, without penalty as a reasonable accommodation, could be a viable option and would allow them to find a housing situation more suitable to their needs.

I would contact your local fair housing office for information and guidance. There are federal and state laws that may apply. Above all, don't tell the tenant a blanket "no" for this type of request. Be respectful and keep it friendly. Tell them you will take their request under consideration and then do your fact finding. Tread carefully.