Texas Real Estate Brokerage Sales Apprentice Education (SAE) Practice Exam

If a tenant poses a direct threat to other tenants, what may landlords legally do?

1. Evict the tenant immediately

2. Provide additional support

3. Offer mediation services

4. Ignore the threat if they have a disability

The correct answer is: Evict the tenant immediately

When a tenant poses a direct threat to the safety of others, landlords have a legal obligation to ensure the safety of all residents. In such cases, they are typically allowed to terminate the tenancy and proceed with eviction. This is justified under the Fair Housing Act, which allows for eviction when a tenant's behavior constitutes a direct threat to the health and safety of others or causes property damage. By taking this action, landlords balance their responsibility to maintain a safe environment for all tenants with the necessity of complying with legal protections surrounding tenant rights. The eviction process, however, must conform to legal procedures, meaning that landlords must document the threat and follow the appropriate steps to terminate the lease, rather than acting impulsively. Considering the other options, providing additional support or offering mediation services may be suitable in some situations, particularly if the threat isn’t immediate or severe. However, these actions do not address the pressing issue of a direct threat to others. Ignoring the threat, especially if a disability is involved, does not absolve landlords from the duty to ensure safety and protect other tenants. The law does offer certain protections for individuals with disabilities, but it does not protect behaviors that pose a clear and present danger to others.