Landlord Is Trying To Back Out Of Lease Agreement

**M.B.** · 07-29-2005, 09:49 AM

I have signed a lease agreement to move in a few days and the new landlord is now saying that he may want to back out of the lease. I signed the lease and submitted my security deposit, which was cashed, over a month ago. The reason is that although he promised to have new windows in and A/C units placed, he has not made it happen during the 2 months we have talked and discussed this. He calls me 2 days ago and says that his deal w/the windows fell through and b/c I am pregnant, he does not feel it will be cool enough for me. Is this legal? I am in a situation where I have no back up plan and have to be out of my current lease in 3 days. Any advice or legal recourse if he tries to pull a fast one? I am in Maryland.

**aaron** · 07-29-2005, 10:20 AM

He can't refuse to rent to you because you are pregnant.

The federal Fair Housing Act (FHA) forbids discrimination in the sale and rental of housing based on the presence of minor children (children under 18 years of age) in the family, including pregnancy or a pending adoption.

**M.B.** · 07-29-2005, 10:39 AM

Thank you so much. Do you know what I can do about the windows and SC units that were verbally promised? From what I understand, if it is not in the lease agreement, I cannot hold her to it. But I do have emails confirming this.

**aaron** · 07-29-2005, 10:59 AM

If the agreement to improve the apartment is not a part of the lease, it may be difficult to enforce the agreement - at least on any specific timetable. Of course, if you prefer not to live in the unimproved apartment, the landlord is presently giving you the opportuntiy to get out of the lease.

You may wish to discuss your situation with a local real estate lawyer who handles landlord-tenant matters.