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  1. #1
    Join Date
    Feb 2014
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    7

    Default Can a Landlord Evict Tenants if They Have a Child

    My question involves landlord-tenant law in the State of: California

    After we signed the lease and payed our first month rent (02/01/14). 13 days later the landlord handed us a 3 day notice to perform or quit, saying we have to move out because there is a child living here. Can he do this?
    We told him we had a 13 year old daughter before we signed the lease.
    Also, the property needs some repair and he refused to fix anything before and after we moved in.

    He has also come by twice and demanded we should move. He also threatened us saying he is going to sue and have us evicted.
    My wife is so upset over this she cannot sleep, eat or relax. She is so upset we took all of our savings (whats left of it) and found another place to live.
    We're moving out next week. :-(

    PS: It's a single family home.

    What can we do to get our money back?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,511

    Default Re: Can My Landlord Evect Us Because We Have a Child

    He cannot legally discriminate against you because you have a child. Even occupancy regulations allow for two people per bedroom plus one.

    With that said, if he's already threatening to evict, he's likely going to find any excuse to make your lives miserable.

    What exactly does he want you to do?

    In the meantime, read this http://www.dca.ca.gov/publications/l...problems.shtml and this http://www.dca.ca.gov/publications/l...mination.shtml
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Feb 2014
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    7

    Default Re: Can My Landlord Evect Us Because We Have a Child

    He wants us to move out now.
    We already found a new place, but we are down to our last penny.
    Can we recover the loss?
    All the paperwork he has given me has "no children" written on it.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
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    Default Re: Can My Landlord Evect Us Because We Have a Child

    That's my point. He's not allowed to tell you "no children", whether that's what he wants or not. Yes, you can and should take legal action.

    You likely aren't the first, and won't be the last, people he's done this to.

    (There is only one exception that might save his skin and it doesn't appear to be present here anyway - a specifically designated "seniors" building can get away with saying "no children")

    Read this, too. Standby for others who might have more immediate suggestions.

    http://www.hrfh.org/housing_discrimination.html
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,655

    Default Re: Can My Landlord Evect Us Because We Have a Child

    The smarter thing to do would have been NOT to move and make him evict you. However, I wonder.... did you ON YOUR APPLICATION indicate who was going to occupy the residence (including the child)?
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  6. #6
    Join Date
    Feb 2014
    Posts
    7

    Default Re: Can My Landlord Evect Us Because We Have a Child

    Quote Quoting CourtClerk
    View Post
    The smarter thing to do would have been NOT to move and make him evict you. However, I wonder.... did you ON YOUR APPLICATION indicate who was going to occupy the residence (including the child)?
    All the adults were listed on the lease. He said anyone under 18 didn't need to be on it.

    - - - Updated - - -

    Thank you very much everyone. I feel a little bit at ease now.
    We will take legal action and hope for the best.

    Any more advice would be a great help.

  7. #7
    Join Date
    Sep 2012
    Posts
    1,628

    Default Re: Can My Landlord Evect Us Because We Have a Child

    take those papers with "no children" on them to a civil rights lawyer, that is illegal.
    Never break more than one law at a time.

    "Every election is a sort of advance auction sale of stolen goods." -- H. L. Mencken

  8. #8
    Join Date
    Feb 2014
    Posts
    7

    Default Re: Can My Landlord Evect Us Because We Have a Child

    He came buy today and taped a copy of a Summons (unlawful detainer - eviction) to our front door. WTH?
    In it also states "No children"

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,511

    Default Re: Can My Landlord Evect Us Because We Have a Child

    Wait, what?!

    He can't do that!

    PLEASE get yourself to the local legal place. First thing tomorrow.

    California is perhaps the most tenant-friendly state in the country; outside of Federal laws, they have their own rules too and they're generally not in favor of the landlord.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Feb 2014
    Posts
    7

    Default Re: Can My Landlord Evect Us Because We Have a Child

    Quote Quoting Dogmatique
    View Post
    Wait, what?!

    He can't do that!

    PLEASE get yourself to the local legal place. First thing tomorrow.

    California is perhaps the most tenant-friendly state in the country; outside of Federal laws, they have their own rules too and they're generally not in favor of the landlord.
    We want to but the biggest problem is, we have no money and no clue how to go about it.
    Also it looks like the new place we looked at is a no go. (we can't come up with a deposit) :-(

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