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Bill would allow domestic violence victims to break lease, move without penalty
KEITH ARNOLD
Special to the Legal News
Published: February 24, 2020
In a bill its Democratic joint sponsors say is respectful of landlords, a victim of domestic violence may end a rental agreement at any time as long as the individual includes a qualifying protection order with the notice to vacate.
"We unfairly ask, 'why didn't they leave?' when we hear about a domestic violence situation," Youngstown Rep. Michele Lepore-Hagan said during sponsor testimony of the bill last week. "In at least 46 percent of Ohio's domestic violence fatality cases, the victim ended the relationship or was in the process of ending the relationship.
"Domestic violence is routinely cited as nuisance conduct, leaving victims in the impossible position of risking their housing by calling for help."
Filed as House Bill 351, the measure would establish a method by which a tenant who is a victim of attempted rape, rape or domestic violence may terminate a rental agreement before the end date of the agreement without liability for early termination.
In lieu of a qualifying protection order, a written record from a qualified third party reporting the alleged crime to the tenant would suffice as documentation to be provided with a notice to vacate the rental property.
"HB 351 respects landlords, their properties and their business interests," the lawmaker told members of the Ohio House of Representatives seated for the Civil Justice Committee. "Landlords can withhold a portion of the deposit for damage to the property caused by the tenant."
Additionally, the tenant-victim would be responsible for any rent until her departure from the rental property.
"And the landlord won't share information about (her) departure with anyone but those qualifying advocates," Lepore-Hagan continued.
In the circumstance of multiple signers on the lease, the bill stipulates that the remaining co-lessees would remain responsible for the entire rental amount.
"The lease termination is harm-free, requiring the return of the remainder of their security deposit and no penalties for early termination," the lawmaker said. "The victim will have at least 21, but no more than 30, days to create a new future for (herself) away from abuse.
"This financial boost and elimination of financial hardship gives victims an opportunity to find a new and safer home."
According to the Ohio Legislative Service Commission analysis of the bill, except when speaking to law enforcement, a government case worker, the tenant's attorney or a victim advocate, the landlord is otherwise prohibited from discussing the lease termination notice with any person.
"In addition, the landlord is prohibited from retaliating against a tenant by increasing the rent, decreasing services that are due to the tenant, or bringing or threatening to bring an eviction action if the tenant provided the notice of termination or indicated that the tenant might provide such a notice," attorney Carla Napolitano wrote for the commission. "Even if the rental agreement permits the landlord to charge a fee for early termination, the landlord is prohibited from charging such a fee.
"The landlord cannot change the locks or prevent the tenant from retrieving their possessions."
Any landlord who might take any retaliatory action would be liable in civil action for all damages caused to the tenant, together with reasonable attorney fees, HB 351 provided.
Another provision of the bill would clarify the status of domestic violence calls to 911 call centers.
"A call to 911 is not a nuisance, but a chance to save someone's life," Lepore-Hagan said. "... A nuisance shall not include service calls to law enforcement relating to domestic violence, eliminating a victim's fear that reporting their abuser could result in the loss of housing."
HB 351, which enjoys the support of 19 fellow House members, had not been scheduled a second hearing at time of publication.
Toledo Rep. Lisa Sobecki is joint sponsor of the measure.
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