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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I own one building with only one apartment in it. Do I have

Customer Question

I own one building with only one apartment in it. Do I have to go by fair housing laws;
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Be very careful here. While certain single residence owner landlords do not fall under the complete umbrella of the Fair Housing Laws, there are still some provisions that you must follow.

Here is a very good overview, both of the provisions and exceptions/exemptions and how they apply: http://www.nolo.com/legal-encyclopedia/does-the-federal-fair-housing-act-apply-your-rental-property.html

Even if you do not fall under the Fair Housing Rules, I would recommend at least reviewing this publication by the American Bar Association as it is a helpful guide to how to avoid a complaint for discrimination under the Act (it is always easier to avoid a complaint than to try to defend against one that is filed). http://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/10thingslandlords.html

Customer: replied 1 year ago.
I am not concerned about discrimination . only what rights does tenant has under this law, explicitly pertaining to evition
Expert:  CalAttorney2 replied 1 year ago.

Your eviction rules will be governed by state law. (Fair Housing deals with discrimination issues - as long as you aren't evicting the individual on a basis of race/gender/ethnicity/religion you aren't going to have a Fair Housing issue).

If you provide me with the state in which your unit is located I can usually provide you with a good landlord/tenant resource for your state that will have more detailed information to help you with your investment property.