EVICTIONS

Report
Eloisa C. Rodriguez-Dod
Professor of Law
Florida International University
February 1, 2013
 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 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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 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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
New York City

 1/2 of tenants had
incomes < $10,000
 86% African American
or Latino

 vast majority were “poor
black women”

 62% women
Philadelphia
 83% nonwhite
Chicago
 72% African American
Baltimore
 70% nonwhite women

Milwaukee
 1 in 10 African American
households evicted each
year
 60% women
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 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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Foreclosure of property
 Condemnation
 Criminal activity
 Owner selling property
 Occupancy by landlord

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 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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 Santa Monica, California
▪ Landlord desires possession
 Collinsville City, Illinois
▪ Crime-free lease provision
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
§ 701(d)(1)

Landlord may terminate the lease if he sells
the property

“No-fault” eviction?
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 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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




Adopt Protecting Tenants at Foreclosure Act
Buy out tenants
Relocation assistance
Prohibit no-fault evictions
Tenant right to return
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Eloisa C. Rodriguez-Dod
Professor of Law
[email protected]
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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