Landlords?

Aug 13, 2009 02:11

Do I have to tell my landlord that we're having a baby? He mentioned when we moved in that he wouldn't have rented the apartment to more than two people because it's so small, so I'm worried that he might kick us out if there's another "person" there. I'm pretty sure it's illegal to discriminate against renting to parents with small kids, but I'm ( Read more... )

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Comments 25

a_tergo_lupi August 13 2009, 09:26:42 UTC
♥ HUD
http://www.hud.gov/complaints/housediscrim.cfm

Housing discrimination based on your race, color, national origin, religion, sex, family status, or disability is illegal by federal law.

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athinker August 13 2009, 09:50:28 UTC
Legally, there is a maximum occupancy for rentals. It is usually set by municipal and fire codes of a town. A lot of landlords look the other way to keep a place rented, but if he kicks you out due to maximum occupancy, it is not discrimination. Check your lease and see if it stipulates. I am a landlord and I know ours does.
If you are capable of moving rather quickly, say a 30 day notice, I'd not say anything and see what comes of it.

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a_tergo_lupi August 13 2009, 09:55:43 UTC
Yeah, that too. But, it sounded more like a personal preference issue. Usually, the occupancies I've read are weird, like "No more than two adults or three persons" or something like that, so two adults and a child would work in that case. But, I've not read a great number of occupancy clauses.

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sandi1743 August 13 2009, 13:10:49 UTC
most places are fine with a baby but one they are 1 or 2 they are considered a "person" by the fire marshal.

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a_tergo_lupi August 13 2009, 13:14:42 UTC
Yeah. At least that will give them some time to get situated and look for a new place that might still meet their needs.

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crazy_mittens August 13 2009, 12:18:27 UTC
Whether its discrimination or if he can kick you out depend on a lot of factors.
Do you have a lease? if so what are the terms of said lease? If you have a year lease and there is no mention of how many people can live in the apartment then i don't think there is much he can do until your lease expires (assuming occupancy doesn't violate some municipal or fire code).

Is this the property an owner occupied four family or less residence? If it is your landlord is not subject to the same housing discrimination laws as other landlords and could discriminate against families assuming you don't have a lease.

Personally I wouldn't say anything, i don't see why it would be his business.

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princessenoire August 13 2009, 13:03:19 UTC
You might want to talk to your local fair housing council. They can't generally kick you out simply because you have a baby, but they can put limits on the number of occupants (and people are people, whatever size), etc. There are also exceptions if the owner lives there. It's better to go ahead and get some free advice so that you're prepared, just in case.

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_venus_ August 13 2009, 14:25:47 UTC
It probably depends on square footage. I'm looking at apartments now too and at some places 3 people in a one bedroom is ok and some it isn't, depending on how big the place is.

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