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

Tom Gaffey
by Tom Gaffey

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.

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Landlords Cannot Discriminate

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.

Check Your Lease

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.

Can Neighbors File Noise Complaints?

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.

Check State Laws

New parents are protected by federal discrimination laws. Occupancy laws, however, may vary from state to state. If you are worried that your family will continue to grow you should know the law.

Normally the number of people allowed to live in a dwelling varies based on the square footage and the number of rooms. Do your research or ask a professional to ensure you are not violating any laws or codes.

Normal Rules Still Apply

Although your landlord cannot kick you out for having a baby, this does not mean you are exempt from eviction all together. You and your child are protected from discrimination, but your landlord is also protected by the law.

Do Not Violate Lease

Be sure to know the terms of your lease. Do not violate any of the rules of your dwelling or the building after you have the baby. You can still face eviction just as you would have without the child.

Pay Your Rent

Kids are not cheap, but there are no free passes simply because you have a baby. Your landlord is under no legal obligation to be lenient simply because you have a child. There are, however, several charitable organizations and government assistance programs that can assist new mothers. If you are worried about finances you should look into your options.

Obey Occupancy Standards

Although your landlord cannot evict you for having a baby, moving in your entire extended family is a different story. Be sure you are not violating any legal occupancy standard for the size of your unit. Look up your state law to make sure there are not too many people under your roof.

Can My Landlord Raise My Rent For Having A Baby?

Simply put, your landlord cannot simply raise your rent because you had a baby. Raising your rent for having a child can be viewed as discriminatory and illegal. It is important to understand that although your landlord can not raise your rent for having a baby, your rent may still go up eventually.

During Your Lease

When you have a baby your landlord is obligated by law to continue to honor your lease agreement. Unless you violate the lease in some way your landlord has no choice but to hold up his end of the bargain.

When Your Lease Is Up For Renewal

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.

Related Questions

Can My Landlord Evict Me For Adding A Roommate?

Your landlord may have the right to evict you for adding a roommate during your tenancy. The first thing you should do if your landlord is threatening eviction is check your lease. Often a lease will dictate how many occupants are allowed on the lease.

There may also be a clause in the lease requiring landlord approval, or even a new lease, before allowing an additional occupant to move in.

How Can I Get Evicted For Noise?

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.

Can My Landlord Evict Me For Having A Dog?

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.

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Summing It Up

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.

Tom Gaffey
Tom Gaffey

Tom Gaffey is an expert writer who currently resides in Washington D.C. Tom has a passion for real estate and home improvement writing, as well as travel and lifestyle writing. He lived the last twelve years in Hawaii where he worked closely with luxury resorts and event planners, mastering his knowledge of aesthetics and luxury products. This is where he found his passion for home improvement and a keen interest in DIY projects. Currently, Tom resides in Washington D.C, and also working on his debut fiction novel.

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