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-   -   Tenant right with lease for private house (https://www.askmehelpdesk.com/showthread.php?t=813303)

  • Jun 24, 2015, 12:25 PM
    ypage2381
    Tenant right with lease for private house
    Hello quick question, I currently live in a private house (3family) occupancy is 5 adults and 1 child. My landlord does not want any children In the household, and is demanding my daughter leave the premises with her 16 month old son. She has since called and verbally told me that she is making too much noise, and has also sent a certified letter giving warnings as to if my daughter and grandson does not leave by July 30, 2015 the whole household will be evicted. My daughter has no where else to go, and does not want to go into a shelter.

    What are my rights as a tenant in a private house?

    Can I take the landlord to court for discrimination againstmy daughter and grandson?
  • Jun 24, 2015, 12:53 PM
    AK lawyer
    Quote:

    ... has also sent a certified letter giving warnings as to if my daughter and grandson does not leave by July 30, 2015 the whole household will be evicted. ...
    When was the letter delivered?

    That letter could possibly be a required written notice, which is a prerequisite, in most if not all states, to a court action for eviction. It's 30 days in most places, but you should really indicate which state or country you are in.

    Quote:

    .... What are my rights as a tenant in a private house?
    Your rights are various, but if the landlord wants you out, in the absence of a written lease, the landlord can evict you if she complies with applicable law.

    From the title of this thread, I see that apparently you do have a lease. If this is true, she could only evict you if you have violated the lease, or when the lease expires.

    Quote:

    ... Can I take the landlord to court for discrimination against my daughter and grandson? ...
    I doubt it. What sort of discrimination do you believe is occurring? Discrimination against people on the basis that such people have minor children is generally not illegal.
  • Jun 24, 2015, 01:11 PM
    ballengerb1
    Agree, we need to know the details of your lease. It it say no person under the age of XXX or does it say how many persons can reside.
  • Jun 24, 2015, 04:04 PM
    joypulv
    From what I know of 4 states I have lived in, this question cannot be answered until we know the state. Some states protect landlords who live in buildings with fewer than X number of units. Otherwise a landlord in many states CANNOT discriminate against a tenant based on age, such as a baby. This law arose in many states after all the lead paint laws made it difficult for many to find a rental when they had children. However, another area of concern is the total number of people in the apartment, and whether or not any were added after the lease was written. So it's complicated.
    We need the state
    How many units
    Does the owner/landlord live in the building
    How many of you are on the lease
    How long any of you have been there if not on the lease
  • Jun 24, 2015, 04:29 PM
    ScottGem
    The fact that this is a private house probably has no bearing. But unless the lease specifically prohibited children or the lease was issued to specific people, you may have a case.

    As noted, laws vary by area, so any question on law needs to include your general area.

    You said "I currently live in a private house (3family) occupancy". Is the house divided into separate units or do all three families share the house? Who is on the lease? Was the landlord aware that more than one family was moving in? Was the landlord aware your daughter moved in? Does the landlord also live in the house? When does the lease expire? When did you daughter move in?

    We need a lot more info to be able to answer you.
  • Jun 24, 2015, 06:41 PM
    Fr_Chuck
    There could be an issue of zoning and code enforcement, if this is a single family home, that is being rented (who are the 3 families living there)

    How many people total live in the house, and is the house designed for that many people.

    You said lease, so is there a written lease ? How did your daughter and granddaughter come to live in the house. Were they your quests, or did they also lease part of the house.

    If they are just your guest, there are limits to who and how many quests can stay often. And how long guests could stay. Many apartments I have rented, allowed guests to stay no more than 10 days in one month.

    There could be an issue of zoning and code enforcement, if this is a single family home, that is being rented (who are the 3 families living there)

    How many people total live in the house, and is the house designed for that many people.

    You said lease, so is there a written lease ? How did your daughter and granddaughter come to live in the house. Were they your quests, or did they also lease part of the house.

    If they are just your guest, there are limits to who and how many quests can stay often. And how long guests could stay. Many apartments I have rented, allowed guests to stay no more than 10 days in one month.
  • Jun 25, 2015, 09:09 AM
    joypulv
    'Private house,' if you mean the owner lives there, whether in a separate apartment or not, DOES have possible bearing, both federally and by state.
    (I had to learn all about this for a real estate license, which I got but never used.)

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