Rental perks for divorcing tenants

Q: My husband and I signed a yearlong lease a few months ago. I've just learned that he's been cheating on me with a longtime girlfriend. I'm devastated and want him to leave as I seek a divorce, and he's agreed to move out. Our landlord says that if I can't come up with the entire rent on my own, she'll evict me. In fact, my husband made most of the money and I don't think I can come up with that much money. Aren't there legal protections for tenants in a situation like this? --Ellen S.

A: Federal law protects divorced people from discrimination. Landlords generally may not refuse to rent to someone or set unusually onerous rental terms just because the prospective tenant is divorced. Many state laws have similar protections. And in a recent trend, about two-thirds of the states have enacted anti-discrimination protections for abused spouses and domestic partners.

These laws offer various protections, such as prohibiting landlords from refusing to rent to spouses or partners who have obtained protective orders, and not letting landlords evict a remaining spouse solely because an incident of domestic violence occurred on the property. Many laws also give victims the right to terminate the rental early and have the locks changed. To build in some protection for landlords, some states require victims to file a police report within a specified time before claiming protection under the statute.

All of these protections have two things in common, however: First, the situation must have involved not just domestic discord or disappointment, but actual violence or the credible threat of violence. Second, even when a landlord is dealing with a bona fide case of domestic violence, the landlord is entitled to receive the entire rent.

And here is where your situation may place you outside these laws' protections: You don't report any violence or threats, and you're asking for more than just the right to stay in your rental -- you want a rent reduction. The law doesn't give you that right.

Before resigning yourself to having to move, remember that your husband, now living elsewhere, may still have the obligation to support you, at least until you formally divorce. Your rent money is a "necessity of life," which in most states means that the absent, income-earning spouse has to contribute to that expense. Check with a family law attorney right away to see whether you're entitled to support -- before you fall behind on the rent -- and to make sure all of your rights are protected in the divorce.

Q: I've been using the same maintenance company to take care of my rental properties for several years, but I've decided to switch after hearing some complaints from tenants. They say that the workers play loud music while they work, smoke, and just aren't pleasant to encounter. When I told the owner that I'd be stopping his services, he got angry and accused me of discriminating against him (he and all of his workers are of a particular ethnicity). Can I be sued for this? --Wes C. ...CONTINUED

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