Can A Landlord Evict You For Having A Baby? (Find Out Now!)

Welcoming a baby into the family is often one of the most memorable and precious moments in a person’s life. Preparing a nursery for a child can be a full-time job in itself. From purchasing a crib to gathering a wardrobe, the entire process can leave you tired and broke.

When you are expecting a child and you rent your apartment you may wonder how your landlord will react. In some cases, you might even wonder if the landlord will try to evict you if you have a baby.

In most circumstances, a landlord can not evict you simply for being pregnant or having a baby. Be sure to read your lease thoroughly to make sure there is no verbiage suggesting any limit on habitants. Your landlord cannot raise your rent during your lease for having a baby, nor evict you for your baby crying.

It is illegal for a landlord to discriminate against a tenant for several reasons. Pregnancy and having a baby are among those reasons. This means that a landlord can not evict you for being pregnant or having a baby.

In fact, if you are evicted and suspect the only reason for eviction was because you had a baby, you should seek legal counsel. Before you worry too much as to whether or not your landlord may attempt to evict you, you should read your lease and understand your rights.

In most cases, you and your child will be protected by the law throughout the length of your lease. Before you assume this to be true you should review your lease. It is possible there are terms in the lease that may make it possible for a landlord to request you move out upon adding a child to the home.

Be sure to check the occupancy rules. If you happen to live in a very small area, a building may state that the dwelling is only suitable for two people (and you may live with your partner there already). Even with this stipulation there are often exceptions written about children under a certain age. Often there are different rules for allowing an infant versus allowing a girlfriend to move in.

If you are pregnant or anticipate a child coming into your home to live soon, check your lease. If there is any verbiage you are uncertain about you should ask for clarification. Be sure to get ahead of the situation before the baby enters the dwelling.

Babies cry. It is a fact of life. This may have you worried that you can get kicked out of your apartment for noise complaints. This can be particularly worrisome if you live in a quiet apartment complex or if your landlord lives on the same property.

At the end of the day, it is a free country, and your neighbors can file noise complaints. A crying baby, however, is not viewed as a violation. Crying babies are not like televisions or stereos – they can not be turned off.

However, if the crying is constant or shocking a neighbor may call Child Protective Services or even the Police to perform a wellness check. This normally only occurs if the crying is persistent, disturbing, and abnormal in nature. This type of complaint would occur if a neighbor suspected abuse or neglect.

Be sure to know when your lease expires. Any time your lease expires your landlord has the right to request a new lease with new terms. The new terms can vary, but one of the most common changes to a lease pertain to the price.

Your landlord can not legally raise your rent for having a baby, or evict you, but he or she can raise your rent. Different states may have laws that dictate the amount a landlord can raise your rent. Also, if you live in a rent-stabilized or rent-controlled dwelling your landlord must follow those laws as well.

Still, be aware that just because your landlord cannot raise your rent for having a baby does not mean your rent will not rise when your lease expires.

It is possible to get evicted for being too loud in your dwelling. The first step that will likely be taken against you will be a notice from the landlord or building management. It will document the noise infraction, including the time and date.

If the noise issues continue your landlord may issue a “Cure or Quit” type of notice. This is the first step in the eviction process. This notice states the infraction and the fact that you are in violation of the lease. There will likely be supportive evidence with a request for no further infractions, and deadlines. If noise complaints continue then the eviction process can continue as well.

In some circumstances, a landlord can evict a tenant for having a dog. There are other circumstances, however, when a landlord cannot. If there is a “no pet” or “no dog” policy then the tenant can be found in violation for having a pet. In many cases, you will have to remove the pet from the apartment or face eviction.

There are laws protecting animals that are classified as “service” or “emotional support” animals. The federal Fair Housing Act prohibits a landlord from discriminating against a tenant for reasons based on disability. Therefore, landlords cannot deny you the right to have a service or emotional support animal. Medical paperwork is required to classify an animal in this way.

Having a baby is a beautiful time. It is important that the birth of your child is a special and precious moment, not filled with anxiety. You should know that your landlord should not evict you simply for having a baby or being pregnant. It is against the law to discriminate against someone simply for having a child.

Be sure to remember that although your family is protected you still must follow the lease and the law. You cannot be evicted for having a baby but you can be evicted for other reasons, including any lease violation.