Babies' effect on leases?

[Mommy_to_Be]

What is the name of your state (only U.S. law)? California

I'm pregnant, in the first trimester still. I've been living in this apartment complex longer than I've been pregnant, so obviously no baby is on the lease. I am not aborting, absolutely no way am I, a woman infertile nearly a decade who is now amazed to be pregnant, going to abort. What I need to know, hopefully sooner rather than later, is how this can possibly change my lease. Can they increase my deposit (right now slightly less than a month's rent) if I don't abort? Is it seen the same way as bringing an adult to live here, in which case that adult would go on the lease and deposit could go up? I live in a 1br unit. Could they make me upgrade to a larger unit? Or is there nothing they can do? Part of my mind says additional charges or forced chances could be discrimination based on familial status, but that might just be wishful thinking.

I sent the manager an e-mail from my secondary e-mail account that doesn't have my name, and I didn't sign in, but haven't heard back. It's been a couple days.

I'd really appreciate any input. Thank you.

 

[ecmst12]

I am pretty sure that they can't charge you any extra for having a baby. Advise them when you get close to your due date that you are having a baby so that they will be informed about the situation, and that's it. I'm sure you're a little freaked out about being unexpectedly pregnant but don't worry too much.

 

[MIRAKALES]

The lease agreement will dictate the terms and conditions for additional occupants. Federal law allows two related individuals (adults or children) per bedroom to legally dwell in a premise. There should be no additional charges unless the lease specifically states otherwise. LL can change terms of lease at renewal.

With that said, the rental issue with new occupants (especially newborns) is unrelated to the lease and more so relevant to other dissatisfied tenant occupants. Newborns do not maintain set hours and can create a disturbance to otherwise agreeable tenants. LL may receive complaints and may prefer tenants with children to dwell in a section of premises with other similar tenant occupants (with children).

 

[Zigner]

The lease agreement will dictate the terms and conditions for additional occupants. Federal law allows two related individuals (adults or children) per bedroom to legally dwell in a premise. There should be no additional charges unless the lease specifically states otherwise. LL can change terms of lease at renewal.

Post the cite.

With that said, the rental issue with new occupants (especially newborns) is unrelated to the lease and more so relevant to other dissatisfied tenant occupants. Newborns do not maintain set hours and can create a disturbance to otherwise agreeable tenants. LL may receive complaints and may prefer tenants with children to dwell in a section of premises with other similar tenant occupants (with children).

So, you're saying the LL is allowed to discriminate based on familial status?

 

[CourtClerk]

Post the cite.

Oh lord, let me go get my popcorn.

 

[MIRAKALES]

Post the cite. So, you're saying the LL is allowed to discriminate based on familial status?

The cite would be HUD federal regulations. There is no discrimination in providing similar accommodations to satisfy all tenant occupants (smokers/non-smokers, seniors/non-seniors, children/non-children) to limit complaints and maintain peace.

 

[Alaska landlord]

The cite would be HUD federal regulations. There is no discrimination in providing similar accommodations to satisfy all tenant occupants (smokers/non-smokers, seniors/non-seniors, children/non-children) to limit complaints and maintain peace.

Actually, there have been several famous cases in TX about steering families. The feds won the cases and landlords have been directed to cease the practice.

Also worth mentioning that OP's LL may be exempt and free to not renew based on the extra person.

 

[Mommy_to_Be]

Federal law allows two related individuals (adults or children) per bedroom to legally dwell in a premise.

If this is so, then please explain how Octomom has 13 of the children plus herself in a 4br house without it being against the law, seven of the children in one bedroom that they will share with the final octuplet. This isn't a quiet case. The size of her house and family is pretty much common knowledge, as well as eight sharing one bedroom.

Newborns do not maintain set hours and can create a disturbance to otherwise agreeable tenants. LL may receive complaints and may prefer tenants with children to dwell in a section of premises with other similar tenant occupants (with children).

Evicting me specifically for having a newborn would definitely be discrimination based on familial status. Also the only neighbor who could complain would the the ONE resident If share a common wall with as this is an end unit. That resident (actually a couple) have a newborn AND another infant who is 14 months. They are in NO position to complain about crying coming from here considering I've been putting up with it the entire time I've been here.

 

[Mommy_to_Be]

The cite would be HUD federal regulations. There is no discrimination in providing similar accommodations to satisfy all tenant occupants (smokers/non-smokers, seniors/non-seniors, children/non-children) to limit complaints and maintain peace.

Similar accommodations at whose expense? And who would be responsible for paying the movers to get my stuff down stairs and up stairs into another unit (all units are up a flight of stairs)?

 

[Alaska landlord]

I think you ought to know that landlords with 4 units or less are allowed to discriminate based on family size. There are other exceptions such as senior housing, clubs and religious organizations. Though your landlord may not qualify for an exempt status, and cannot evict for you having a baby, he can still evict if you are unable to keep your child quiet and other neighbors complain. The other neighbors have a right to peace and quiet.
Ideally, you should be in housing with people in similar situations, but the landlord cannot make you move there. In fact, if you were looking for an apartment, he cannot even suggest that it would be ideal for you, but he may mention that there are also openings at the other locations.

The fact that you have been putting up with crying babies and noise from people with children will have no value if you should find yourself in the recieving end of multiple complaints. You should have complained to your landlord in writing asking that he try and resolve the problem of noisy neighbors.

If you take exception to my post, then try and research the right to quiet enjoyment in housing. Also look up fair housing act.

 

[Cvillecpm]

AK LL is correct - there are EXCEPTIONS to fair housing regulations; however, OP needs to be asking her questions directly to local fair housing office. CA has state AND federal protected classes.

 

[Mommy_to_Be]

I haven't complained because babies' needs aren't on a set schedule. They aren't capable of walking to mommy and daddy at night and letting them know they're hungry because the few ounces eaten a few hours ago is through their systems and so they need to eat again. This isn't the same as a kid being a holy terror and screaming loudly while playing, but rather infants letting parents know in the only way they can that they have a need needing to be met.

If someone has a colicky baby, are they supposed to either pray that the neighbors don't complain, or tape the baby's mouth shut, or just go live on the street?

 

[Who's Liable?]

Evicting a person for the sole reason of having a baby has NEVER happened in ANY case in my state that I know of... Of course, my state also does NOT allow a LL to evict/deny based on children

The ones that I DID see that made it to court where tossed out by the judge based on family discrimination, and the LL was informed to deal with it, OR offer the other parties the opportunity to break their lease...

 

[MIRAKALES]

If this is so, then please explain how Octomom has 13 of the children plus herself in a 4br house without it being against the law, seven of the children in one bedroom that they will share with the final octuplet... Evicting me specifically for having a newborn would definitely be discrimination based on familial status... Similar accommodations at whose expense?...

Steering tenants would be relevant to new applicants being directed to restricted or preferential accommodations. The provision of alternative accommodations to existing tenants is not necessarily steering. The extra moving expenses would be a better alternative to a lease violation eviction. Nevertheless, all of these issues are irrelevant because there have been no lease violations, tenant complaints, landlord notices, etc. It seems premature to anticipate a problem when NONE exist.

As far as the circumstances of The OctoMom with thirteen (13) children -- eight (8) newborns -- YOUR situations do not parallel. A private residence does not have the same restrictions as a commercial rental premise. A private homeowner is able to accommodate family members in basement bedrooms and several children per bedroom or modified use of rooms as bedrooms. This would not be allowed in a commercial rental premise. The OctoMom’s private dwelling has a converted family room in use as a bedroom for the eight (8) children. This would also be illegal in a commercial rental premise. A private dwelling has to adhere to maximum occupancy laws. A rental dwelling has to adhere to housing regulation orders.

Needless to say, an individual change of lifestyle does not make the LL liable for lease alterations. To prepare for a LT problem is to essentially create a LT issue in YOUR own mind. In addition, the expectation of a professional response to an anonymous email communication is not necessarily reasonable.

 

[Alaska landlord]

I haven't complained because babies' needs aren't on a set schedule. They aren't capable of walking to mommy and daddy at night and letting them know they're hungry because the few ounces eaten a few hours ago is through their systems and so they need to eat again. This isn't the same as a kid being a holy terror and screaming loudly while playing, but rather infants letting parents know in the only way they can that they have a need needing to be met.

If someone has a colicky baby, are they supposed to either pray that the neighbors don't complain, or tape the baby's mouth shut, or just go live on the street?

Here is a sample of a post a while ago:

What is the name of your state? PA

My sister lives in a 2 BR apt in the first floor for the last 2 1/2 years and have a 1 yr old daughter and 6 yr old boy. Kids and sometimes his friends when they visit them, makes running noise. She tried to control the sounds and noises. But, occasionally it happens. Her new neighbour who is single moved into the apt to the ground floor around 2-3 months back. She started complaining about the sound and noises to the rental management. They gave her a notice and warning. She tried to control at her best. But, still it did not satisfy her neighbour. Finally, the management decided to give her an eviction notice after they visited them on a day when her visitor's were around.

She is given 28 days notice to vaccate. Her son is going to a school and she doen't want to vaccate before the school year which ends in June. Is there any way which she can continue live in that house until the end of the lease. Management doesn't looks like entertaining their need. She is about 2-3 months for the lease renewal. She does not want to renew the lease. She would definitely vaccate after the lease term. There is some clause in the lease about "noise".

Your valuable feedback is HIGHLY appreciated.
Thanks