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“NO-FAULT” EVICTIONS

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

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“NO-FAULT” EVICTIONS

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  1. Eloisa C. Rodriguez-Dod Professor of Law Florida International University February 1, 2013 “NO-FAULT” EVICTIONS

  2. 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”

  3. 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?

  4. 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

  5. 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

  6. 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

  7. Other Reasons for Eviction– “No-Fault” • Foreclosure of property • Condemnation • Criminal activity • Owner selling property • Occupancy by landlord

  8. 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

  9. Statutes and Ordinances • Santa Monica, California • Landlord desires possession • Collinsville City, Illinois • Crime-free lease provision

  10. Revised Uniform Residential Landlord and Tenant Act • § 701(d)(1) • Landlord may terminate the lease if he sells the property • “No-fault” eviction?

  11. 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

  12. Solutions? • Adopt Protecting Tenants at Foreclosure Act • Buy out tenants • Relocation assistance • Prohibit no-fault evictions • Tenant right to return

  13. Questions? Eloisa C. Rodriguez-Dod Professor of Law elrodrig@fiu.edu http://ssrn.com/author=625247 Florida International University College of Law University Park, RDB 2071B 11200 SW 8 Street Miami, FL 33199 (305)348-3245

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