“no-fault” evictions
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Eloisa C. Rodriguez- Dod Professor of Law Florida International University February 1, 2013. “NO-FAULT” EVICTIONS. History of Landlord Tenant Law. Privity of contract E ntitlements and detriments, or rights and duties E nforceable on a theory of contract Privity of estate - PowerPoint PPT PresentationTRANSCRIPT
“NO-FAULT” EVICTIONSEloisa C. Rodriguez-Dod
Professor of LawFlorida International University
February 1, 2013
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History of Landlord Tenant Law
Privity of contract▪ Entitlements and detriments, or rights
and duties▪ Enforceable on a theory of contract
Privity of estate ▪ Between landlord and tenant▪ Lease is viewed as a “conveyance”
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Uniform Laws
Uniform Residential Landlord and Tenant Act (1972)
Many states have adopted Silent as to reasons for evictions
Revised Uniform Residential Landlord and Tenant Act
How should RURLTA address evictions?
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Eviction Statistics
New York 23,647 residential evictions, legal
possessions, and ejectments 1.2% of the city’s renter households
evicted
San Jose 2,000 families a month get 30-day notices 10% each year
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Eviction Statistics
New York City 1/2 of tenants had
incomes < $10,000 86% African
American or Latino Chicago
72% African American
62% women
Baltimore vast majority were
“poor black women” Philadelphia
83% nonwhite 70% nonwhite women
Milwaukee 1 in 10 African
American households evicted each year
60% women
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Typical Reasons forEviction
Failing to pay the rent Substantially violating the
lease Damaging the premises Using the unit for illegal
purposes Denying the landlord
reasonable access to the property
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Other Reasons for Eviction – “No-Fault”
Foreclosure of property Condemnation Criminal activity Owner selling property Occupancy by landlord
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Statutes and Ordinances
Georgia▪ Landlord desires possession
Washington, D.C.▪ Landlord desires possession▪ Sale of rental unit▪ Demolish the rental unit for new
construction▪ Rehabilitate unit▪ Discontinue use as rental▪ Conversion to co-op or condo
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Statutes and Ordinances
Santa Monica, California▪ Landlord desires possession
Collinsville City, Illinois ▪ Crime-free lease provision
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Revised Uniform Residential Landlord and Tenant Act
§ 701(d)(1)
Landlord may terminate the lease if he sells the property
“No-fault” eviction?
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Eviction Problems Oakland, California
In the last 24 months over 1,910 ’30-day No Cause’ evictions
Boston, Massachusetts Evictions rose from 4,937 in 1992 to 7,120 in
1997, following the elimination of rent control
Baltimore, Maryland 128,127 renter households and 155,870 court
complaints for eviction filed in 2002 1.2 complaints per renter household
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Solutions? Adopt Protecting Tenants at
Foreclosure Act Buy out tenants Relocation assistance Prohibit no-fault evictions Tenant right to return
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Questions?Eloisa C. Rodriguez-Dod
Professor of [email protected]
http://ssrn.com/author=625247
Florida International University College of Law
University Park, RDB 2071B11200 SW 8 StreetMiami, FL 33199(305)348-3245