My niece and her husband are renting a 2 BR apt. And she is now pregnant with her 2nd child, when the landlord found out he told her husband that they will have to leave because he only wanted a couple with just 1 kid.Can he really do this?
2007-11-27 12:18:39 · 10 answers · asked by beby 1 in Politics & Government ➔ Law & Ethics
no
2007-11-27 12:24:16 · answer #1 · answered by Mary Jo W 6 · 0⤊ 0⤋
Yes and No. He can if the lease that they signed stated that only 2 adults and 1 child are to reside in the apartment. If the lease does not say this then no he can not evict them. Also he can not evict them even if the lease said that until the child is born. Because under the eyes of the law a unborn child is not considered a person until birth. Therefore they did not break the lease. One more thing. A landlord can not just tell you to get out. There are procedures that he/she must follow. The biggest one is a court date. Your niece and her husband have the right to be heard in front of a judge regarding the eviction. The landlord can not force them to leave until a judge makes a ruling. If he changes the locks or does not allow them back into the apartment before he has legally filed eviction notice with the courts and the courts have heard the case they need to call the police immediately and also file a lawsuit against him. Tell your neice to read her lease if the lease doesn't say how many children can reside in the home tell her to tell the landlord that she is not breaking the lease, that he has to honor the lease and that if he chooses not to he will need to take them to court. If it goes to court or if the landlord continues to harrass them tell them to tell the landlord that they are going to sue.
2007-11-27 12:30:13 · answer #2 · answered by D and G Gifts Etc 6 · 1⤊ 0⤋
Not unless their lease specifically states that no more than 3 people are to occupy the unit. 2 adults and 2 children are well within the occupancy limits of a 2-bedroom apartment as far as fire codes go. Tell them to read their lease carefully and be sure it's not in there before saying anything. Talk to other residents also & see if there's been a problem.
2007-11-27 12:54:31 · answer #3 · answered by Flusterated 7 · 0⤊ 0⤋
Not in 'most' jurisdictions, no.
It depends on State law, but in most places "family status" is a protected characteristic for housing rentals. So long as the number of people doesn't exceed the occupancy limit for the unit, a landlord can't evict you (Or refuse to rent to you) for having kids.
Call your county housing control office, or whatever name it goes by where you are.
Richard
2007-11-27 12:25:01 · answer #4 · answered by rickinnocal 7 · 1⤊ 0⤋
Depends on the state law. In California, if four people in 2 bedrooms is allowed under the city zoning laws, you cannot evict because of this new child. Discrimination against families in housing is prohibited.
Other states' laws are different.
2007-11-27 13:20:16 · answer #5 · answered by raichasays 7 · 0⤊ 0⤋
Only if the restriction is clearly listed in the lease you signed. If the lease says only 1 child per apartment, then he can evict you. If there is no mention of the number of children, he can't.
Simple. Read your lease. THat is the ONLY contract that is valid......and enforceable.
2007-11-27 13:45:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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2016-10-25 03:39:36 · answer #7 · answered by ? 4 · 0⤊ 0⤋
It depends. If they have a lease, and it says only one child, then he is within his rights to ask them to leave. If they have a lease, and there is no limit to occupants, then no.
If there is no lease, or if the lease is month-to-month, then he can ask them to leave at any time for any reason.
2007-11-27 12:26:18 · answer #8 · answered by Terri J 7 · 0⤊ 0⤋
have them read over the rental lease. search for a legal counsel just to be on the safe side.
2007-11-27 12:27:43 · answer #9 · answered by Molly 3 · 0⤊ 0⤋
mm, i think so if the landlord owns the place
i think
2007-11-27 12:22:33 · answer #10 · answered by princesslineth 3 · 0⤊ 0⤋