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#1
10-13-2009, 04:42 PM
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Can an apartment complex refuse to allow home births?What is the name of your state (only U.S. law)? County of Ventura, California I have been cleared by my doctor for a home birth, and have seeing both a doctor as well as a midwife. At this time, my husband and I are paying out of pocket for everything, and we, and the doctor and midwife, believe that the right option for this delivery is a home birth. We are a block away from the hospital, so if anything should go wrong, we are a block away. I mentioned off-handedly to our apartment manager that I was looking forward to this home birth, only to be told that the complex doesn't allow home births. No reason was given when I asked. We have paid a substantial deposit as well as have full renter's insurance to the tune of $1mil. I need to know ASAP if apartment complexes can deny a home birth. Home births are legal in this state, as is midwifery. I am due any day now. If we go ahead with a home birth, what can the manager do? There is nothing in the lease about this. The closest would be a mention of water-filled furniture holding more than 10 gallons is not allowed on non-first-floor units. We are in a bottom-floor unit. |
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#2
10-13-2009, 04:51 PM
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Do you think they are going to stop you? I don't see how they can.
__________________ I've often thought of becoming a golf club. |
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#3
10-13-2009, 05:02 PM
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| They don't need to know that you've gone into labor. I don't see how they can stop you if the lease doesn't prohibit this. What the heck, call a local attorney and ask what can it hurt? It's a bit late in the game to change your plans now. The only problem I can see is if you have permit parking only they could start something if your husband asks the office for a permit for the midwife to park. Worst case scenario have him pick her up. |
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#4
10-13-2009, 05:04 PM
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| It's their building, if they don't want the liability, they don't have to allow it. On the other hand, if it's not in your lease that it's not allowed, then there's not much they can do to stop you. They can try to evict you for it, but if it's not in the lease, they won't get very far. But you might want to consider respecting their wishes, since it is their building. And if you're month-to-month, instead of a fixed term lease, they can give you 30 days notice to move at any time.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves. -Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE! |
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#5
10-13-2009, 05:04 PM
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| Of course, plan on moving at the end of your lease period.
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#6
10-13-2009, 05:04 PM
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__________________ I've often thought of becoming a golf club. |
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#7
10-13-2009, 05:13 PM
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| It is very late in the game to suddenly switch plans. Our doctor advised against going to the local hospital unless it's an emergency, but it's the only one our insurance will cover (won't cover anything else which is why it's all out of pocket). The local hospital is notorious for not being so great with labor and delivery, and there's been talk of shutting it down. With too few rooms for delivery, women routinely end up laboring and delivering in hallways or heavily pressured into c-sections to get them out of the L&D department faster, and they're chronically understaffed in that department. My sister was unattended in a hallway waiting for one of the rooms when her baby came out. There weren't enough nurses or doctors to go around that day. So I would get so much less care there for a routine delivery than at home. Xylene, we're worried they'll call 9-1-1 and try to force transport. Adelaide (we almost went with that name for a girl), it's all open parking. ecmst12 and Zigner, we're 2 months into a new 12-month lease. We've been residents for a long time, but don't want to stay past the end of this lease, so won't be bothered if they won't renew it. We're considering taking the penalty of an additional month's rent to break the lease in the fall anyway. We just don't want to deal with them trying to evict in the next few months, or trying to force transport. Adelaide, what kind of attorney should I call? I don't think this is really medical malpractice, but I don't know what other medical attorneys there are. |
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#8
10-13-2009, 05:29 PM
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| I don't think anyone can FORCE you to be transported anywhere. And how will they know anyway? Unless you make an unholy racket....which, well not everything is like the movies, right?
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves. -Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE! |
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#9
10-13-2009, 06:12 PM
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#10
10-13-2009, 06:57 PM
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| I would think an attorney who specializes in landlord/tenent disputes would best know exactly what your rights are. They definately can not force you into an ambulance unless you are unable to make that sort of decision for yourself. I pass out sometimes and the immediate reaction is to call 911. I've never been forced into treatment or transport. My next piece of advice has nothing at all to do with what is or isn't legal or within anyone's rights... YOU paid out of pocket and this "hospital" sounds like more of a joke then a place to recieve medical treatment. I wouldn't go there regardless of the consequences. |
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#11
10-13-2009, 07:02 PM
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#12
10-13-2009, 07:26 PM
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| IF you go into labor there and IF you go ahead with your desired birth plan and IF afterwards the landlord makes a fuss..... ...do ask your landlord to show you exactly where it states you are forbidden to birth your own child in your home, whether that home is rented or purchased. I'd love to see his/her answer. Seriously.
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#13
10-13-2009, 08:26 PM
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#14
10-13-2009, 09:07 PM
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Good luck on the birth!
__________________ Originally Posted by cbg Quote:
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#15
10-13-2009, 09:33 PM
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(No, OP, I don't mean you - I mean your asshat of a landlord. And I'm being really nice there....believe me  )
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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