Is it legal for a landlord to evict residents for having children?? (PA)?
You'll have tonexcuse my language here as im a bit annoyed with this old as dust, 1 foot in the grave assed ***** landlord of mine. My wife whonis 5 montus pregnant went to give payment for rent a few days back and was told by the landlord (verbatum) "You know youre going to have to move after you give birth because i dont want any kids living in my property." My wife's immediate reaction was "Damn do i at least get to heal afterwards before you go trying to evict us?" Landlords response (verbatum) "Sure but i need you out soon after becauae im thinking about selling the building next year." Needless to say we are both really annoyed by this and intend to leave as soon as possible as our lease is month to month. Im just curious of thenlegality behind all of this. Can landlords seriously evict people for having children, assuming the stress of this situation doesnt cause my already high risk pregnant wife to miscarry??
Forgot to mention its a 2 br apartment.
- RichardLv 64 weeks ago
You would have to ask a lawyer
- 4 weeks ago
If a lease states that no children allowed, and you signed it, then you will need to look for another place.
Besides...Why would you want to stay where someone dislikes children?
- SlumlordLv 71 month ago
Yes and no. There is a law against discriminating against someone due to "familial status", so in theory the landlord can't evict you for having a child. However, there are also laws about how large a place has to be based on the number of people living there so if this is a fairly small 1 bedroom place, then maybe he could say you have outgrown it (with the baby added) and he can possibly evict you for that (laws for this vary county to county).
Also, since your lease is month to month then he can just say (to a courtroom judge) that he was really evicting you because he wants to sell the place and its very hard for you to prove him wrong just based on something he said (which he could later deny).
Also (as another answer pointed out), the law against discriminating does not apply to small landlord with only 1 or 2 units, where they are living in a unit. So, possibly the law doesn't really apply to him at all.
Just go ahead and move as soon as you can. Sounds like he wants you to move and you want to move, so there really isn't a problem.
- SimplytheFACTSLv 71 month ago
ILLEGAL lease provisions such as NO CHILDREN cannot be enforced if your landlord falls under FHA or a state law...unless the property is registered as senior only
a landlord CANNOT terminate your lease for an ILLEGAL reason...but it is hard to prove. Landlord can say he is getting ready to sell and wants tenants out...and it has nothing to do with the baby. he can say he kicked you out 1st to start getting your apartment ready 1st.
i have never seen ANY local code that would prohibit 3 people from living in a 1 bedroom. the most restrictive i have seen is 2 per bedroom plus 1 extra. most areas count overall size of possible sleeping areas including living room/dining area. and many codes don't count children under 2 against the occupancy limit.
the statement that "does not apply to small landlord with only 1 or 2 units" is misleading as it is not fully accurate....even if 1 or 2 units, if they use a broker, can't discriminate.....and the law specifically references 4 unit or fewer if owner occupied/3 single properties or less.
some people have insisted that their local law is strictly 2 per bedroom, but that violates federal law...and no one has provided a link to prove it.
"or an apartment with up to 3 units" IS NOT EXEMPT FROM THE LAW.....its 4 family or less and ONLY if owner occupied....up to 3 units with no owner living there is not exempt. and not all single family homes are exempt.
MOST landlords in the US CANNOT discriminate based on familial status. The law is the Fair Housing Act. Familial status means having kids under 18 or being pregnant.
if its owner occupied 4 family or less, the landlord may be exempt from the law.
if the owner has 3 or fewer single family properties, he may be exempt.
but if he uses a broker, he is NOT.
also some states have additional laws that include most landlords.Source(s): I actually researched the law unlike another who is misquoting it
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- SlickterpLv 71 month ago
Do you have a lease? If yes, they must honor it. If no, they can give notice to vacate. For any reason. They aren't evicting you, they are choosing to not continue renting to you.
- linkus86Lv 71 month ago
Most people will answer this question with a definitive no because the Fair Housing Act prohibits discrimination based upon familial status, which is true.
But the Fair Housing Act does not apply to all rental properties. If you are renting house, or an apartment with up to 3 units, 4 (if the landlord is living in the 4th), The Fair Housing act does not apply.
- Elaine MLv 71 month ago
You've been given advance notice the building is being sold. New owners can evict EVERYONE if they are going to be doing major work on it. They can even intend to gut the structure for a complete rehab.
I rented an apartment in a building that was sold about 2 years after I moved in. It was 2 stories tall, one of the units had to be completely vacated, the rest of us could stay through the renovations. My unit wasn't touched but I had to deal with water and power being shut off at odd times/days. And the noise.
Take what your landlord said as an advanced heads up and start looking now for a new place. Better to move at your own schedule than have one month or two of scrambling to find something last minute in a panic.
- MaxiLv 71 month ago
You are a month to month tenant, so all the landlord needs to do is give you the correct notice in writing to leave and doesn't need to give you a reason.... the issue is this is what your wife says and that is not provable legally...
- Anonymous1 month ago
If you have a month to month lease, then all the landlord, or you for that matter, need to do, is say they don't want to renew. No reason is necessary. And the landlord doesn't need to evict you. Kids don't have to come into the equation.
At the end of day, renters can have little long term security, as you are finding out now.