Legal Department

The RHJ Legal Department is dedicated to educating and informing property managers, multifamily executives, on-site managers, landlords, real estate investors, apartment maintenance staff and other industry professionals about Fair Housing, Section 8, landlords tenant laws and other real estate laws on a local and national level.

fair housing section 8 landlord tenant law
Fri
08
Apr
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Arrest Records In Federally Assisted Housing

Arrest Records In Federally Assisted Housing

Judy Drickey-Prohow, Esq | Law Offices of Scott M. Clark, P.C.

Crime Free Housing does not necessarily mean housing that is free of crime or persons who engage in criminal activity, according to a memo from the United States Department of Housing and Urban Development (HUD) dated November 2, 2015. See, http://portal.hud.gov/hudportal/documents/huddoc?id=15-10hsgn.pdf

Fri
08
Apr
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I Won – Now What?

winning legal battles landlord tenant, rental housing industry

I Won – Now What?

Landlords who are awarded a Judgment against their tenants often do not realize that this is only part of the process in recovering money owed them.  A landlord may be awarded a judgment in one of several ways: 1) a judgment in an eviction action for rent, late charges, attorney fees, and court costs, as well as removal of the tenant from the rental property, or 2) a judgment in civil court (Small Claims, Justice Court or Superior Court) for breach of the lease which can include lost rent until the lease ends or the premises are re-rented, plus property damage beyond normal wear and tear.

Fri
18
Mar
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Fair Housing Facts and Tips

family, rental housing, fair housing

Fair Housing Facts & Tips

The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing transaction. The Fair Housing Act specifically cover’s discrimination because of race, color, national origin, religion, sex, disability and the presence of children. (Provided by HUD)

Fair housing laws prohibit illegal housing discrimination.

Discrimination is illegal in any housing situation if it is based on, or adversely affects, a “protected class.” That is, if someone is denied a home, is treated differently, or is harassed because of one of the reasons listed below, it is illegal.

Consistency is Key!

Remember to be consistent within your daily job performance & Interactions when dealing with residents, prospective residents and their guests  
Never make assumptions regarding

Mon
07
Mar
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"Blacklisting" Could Result in Lawsuits

“Blacklisting” Residents Could Result In Lawsuits

A situation came up that involved a resident who “watched” the on-site maintenance staff.  Management believed the individual was “a little mentally ill and maybe dangerous to the staff.”  Additionally, the individual would not let staff members enter his apartment, but said people did enter during the day when he wasn’t there and took personal items.
Management inquired on a way of legally “blacklisting” individuals who exhibit such behavior.

Legal Issues
The above scenario presents a variety of legal issues.

Both Federal and Arizona laws prohibit discrimination because of a handicap of a resident, a person residing with him or her, or any individual associated with that person.

Tue
16
Feb
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Legistlative Update - No Mortgage Tax in the Highway Bill

Legistlative Update - No Mortgage Tax in the Highway Bill

In a win for the entire real estate industry, at the end of 2015 Congress passed, and the President signed, a bipartisan 5-year transportation bill that excluded the use of “g-fees” (in essence, a tax on mortgages) – that the Senate had previously inserted as part of its funding mechanisms.  National REIA raised concerns about the issue with industry partners and followed it closely.  Passage of this bill marks the first time in a decade since a full transportation budget lasting longer than two years.

Fri
05
Feb
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Handling Application Deposit Disputes

application deposit despute, landlord, apartment resident, legal

Handling Application Deposit Disputes

Most landlords require a prospective resident to pay a deposit to hold an apartment until completion of the application process.  A problem arises, however, when the individual does not enter into a lease agreement and he or she demands the deposit back.  The following article will address this issue.

Management usually requires a prospective renter to pay an application fee to cover its expenses.  This includes credit, rental history and criminal records checks.  Additionally, a landlord may require a deposit to hold a particular rental unit.  In other words, management takes a specific apartment off the rental market and reserves it.

Wed
20
Jan
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Landlord-Tenant Law Q & A

landlord - tenant law

Landlord-Tenant Law Q & A

by Evan L. Loeffler, Attorney, Loeffler Law Group PLLC

Q. My tenant died in a car accident. She was on a month-to-month lease. What are my responsibilities related to entering the apartment and clearing its contents?

There are a number of new rules concerning the landlord’s rights and responsibilities in the event of the death of a tenant. You should first notify the tenant representative and any other next of kin or interested persons that your tenant has died. The notice should advise the recipient the tenancy will terminate either in 15 days or when the rent runs out, whichever is later. The representative may make arrangements to pay rent for longer in order to allow sufficient time to remove the tenant’s personal property.

Tue
22
Dec
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Ask the Attorney – Cold Weather & Evictions

evictions in Utah

Ask the Attorney – Cold Weather & Evictions

Dear Attorney

Q: My tenant hasn’t paid rent, but they’re saying I can’t evict them during winter because of the cold. What should I do?

A: Under Utah law, there are no statutory defenses or exceptions that would stop the eviction process based on cold weather. The same rules would apply to a tenant claiming they can’t be evicted because they have small children or work all the time. Once the landlord proves the case, Utah law states that an eviction order should be issued allowing the tenant three days to vacate the property. However, Utah law does grant the judge discretion to modify the move out date based on the circumstances. If the tenant is able to show good cause, the judge MAY (but does not have to) extend the normal three days. 

Tue
22
Dec
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Landlord Legal Cruise a Success

utah landlord tenant law

Landlord Legal Cruise a Success

The 2015 Landlord legal cruise was held November 29th – December 6th this year. 77 participants attended the event which provided landlord legal training and networking while on a cruise ship in the Eastern Caribbean.

“I thought the training and the whole event was so valuable,” Said DJ Bruhn with Utah Property Management Associates. “We really had a good time.”

The Utah Apartment Association was the main sponsor and both property managers and realtors attended and earned continuing education credits for their real estate license. Classes included landlord tenant law training by attorney Kirk A. Cullimore. For many participants the 12 hours of training were a refresher while for others it was brand new stuff they hadn’t previously experienced.

Thu
17
Dec
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Residential Landlord Tenant Law Update 2015

Washington Residential Landlord Tenant Law

Residential Landlord Tenant Law Update 2015

By Derek P. Leuzzi, Attorney, Loeffler Law Group PLLC

The Washington legislature and the courts made significant changes to laws affecting landlords in 2015. This article will briefly review three such changes: the landlord’s responsibilities when a tenant dies, tightening up of security deposit accounting, and the landlord’s duty to keep rental property up to code.

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