Landlord won't let me stay if I catch COVID

[iqeylvadxqhj]

What is the name of your state? California

I rent a room in a shared house. The landlord lives in another room in the same house. She is deathly afraid of the rona and she told me that if I get infected, I'll need to stay somewhere else until I'm COVID-free. Recently when she heard me coughing, she started grilling me on whether I'm infected. I'm not sick, it's just allergies. I have documented her threats.

If this is illegal, do I have any recourse:

1) Right now, merely for making the threats and not following through yet
2) If I'm actually barred from the property for being sick

 

[PayrollHRGuy]

1) Right now, merely for making the threats and not following through yet

Not much.

2) If I'm actually barred from the property for being sick

You must be given notice at least as long as the time between rental payments before you can legally be kicked out.

 

[FarmerJ]

If she locks you out by changing locks call the police to report the illegal lockout , states laws do not allow landlords to self help to lock a tenant out with out a court ordered eviction to be rewarded for illegally evicting tenants , If you pay rent by the week then that should be the amount of notice to be given, if your paying two weeks at a time then 14 days notice. etc and just because your landlord lives there the landlord still must follow your states landlord tenant laws . Encourage her to get vaccinated.

 

[AlmostThere]

If she locks you out by changing locks call the police to report the illegal lockout , states laws do not allow landlords to self help to lock a tenant out with out a court ordered eviction to be rewarded for illegally evicting tenants , If you pay rent by the week then that should be the amount of notice to be given, if your paying two weeks at a time then 14 days notice. etc and just because your landlord lives there the landlord still must follow your states landlord tenant laws . Encourage her to get vaccinated.

And if you are not vaccinated, you should be vaccinated too..

 

[quincy]

What is the name of your state? California

I rent a room in a shared house. The landlord lives in another room in the same house. She is deathly afraid of the rona and she told me that if I get infected, I'll need to stay somewhere else until I'm COVID-free. Recently when she heard me coughing, she started grilling me on whether I'm infected. I'm not sick, it's just allergies. I have documented her threats.

If this is illegal, do I have any recourse:

1) Right now, merely for making the threats and not following through yet
2) If I'm actually barred from the property for being sick

Your landlord could potentially modify/amend the lease to require that all tenants must be vaccinated, if you are renting week to week or month to month, or your year’s lease is about to expire. The landlord would just need to give tenants the required notice.

You might want to purchase at-home Covid rapid tests to reassure your landlord - and, as already mentioned, everyone sharing space in the house should be vaccinated to protect against the virus and it’s spread.

 

[iqeylvadxqhj]

And if you are not vaccinated, you should be vaccinated too..

We are both vaccinated

 

[zddoodah]

If this is illegal

I'm not sure what "this" refers to. It's not illegal for the landlord to tell you "that if [you] get infected, [you'll] need to stay somewhere else until [you're] COVID-free." Nor is it illegal for her to "grill[] me on whether [you're] infected." She cannot, however, legally force you to leave your home if you do become infected.

If she attempts to lock you out illegally, call the police.

 

[iqeylvadxqhj]

I'm not sure what "this" refers to. It's not illegal for the landlord to tell you "that if [you] get infected, [you'll] need to stay somewhere else until [you're] COVID-free." Nor is it illegal for her to "grill[] me on whether [you're] infected." She cannot, however, legally force you to leave your home if you do become infected.

It is my understanding that the Unruh Act (and possibly other laws) prevent discrimination on the basis of medical conditions. For instance, a business isn't allowed to discriminate against HIV+ individuals, per Maureen K. v. Tuschka 155 Cal. Rptr. 3d 620 (Cal. Ct. App. 2013). Would the same hold true for individuals who have (or are suspected to have) other diseases, such as the flu?

I'm a careful person, I've never had COVID. I got the vaccine as soon as it was available. I avoid crowded places where I'm likely to catch it. If the law protects those who catch other diseases through reckless personal behaviors I would hope that it also protects me from things I can't control?

 

[quincy]

We are both vaccinated

It’s good that you’re both vaccinated. I wonder what drives your landlord’s concern then.

What type of lease do you have (e.g., month to month)? Because it sounds like your days living in the house might be coming to an end when your lease expires, you might want to start looking now for another place to live. IF your landlord attempts to prevent your entry into the rental, the police and then a landlord/tenant lawyer should be contacted.

The Unruh Act does not address pandemics.

 

[iqeylvadxqhj]

It’s good that you’re both vaccinated. I wonder what drives your landlord’s concern then.

It's California, some folks out here just completely went nuts over COVID. I see people wearing masks while they drive solo in their cars or walking outdoors in the park with nobody around.

What type of lease do you have (e.g., month to month)?

Month to month

The Unruh Act does not address pandemics.

Not sure I understand. Isn't it still the law? And AIDS was a pandemic too. It's times like these when our civil liberties matter more than ever.

 

[quincy]

It's California, some folks out here just completely went nuts over COVID. I see people wearing masks while they drive solo in their cars or walking outdoors in the park with nobody around.



Month to month



Not sure I understand. Isn't it still the law? And AIDS was a pandemic too. It's times like these when our civil liberties matter more than ever.

Here is a link to the Unruh Act:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=51

And here is a link to the Department of Fair Employment and Housing’s guidance on Covid-19:

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/04/DFEH-Healthcare-Information-on-COVID-19-FAQ_ENG.pdf

 

[iqeylvadxqhj]

Thanks, this part looks relevant:

Do we know of any existing court cases or precedents related to this? When I do my googles I only see people talking about how to use COVID as a way to avoid paying rent (which is something I'd never do to my landlord, even if she is rude to me, because it's basically stealing). I don't see examples of medical discrimination caused by COVID infection, which seems like a more serious problem.

 

[quincy]

Thanks, this part looks relevant:

Do we know of any existing court cases or precedents related to this? When I do my googles I only see people talking about how to use COVID as a way to avoid paying rent (which is something I'd never do to my landlord, even if she is rude to me, because it's basically stealing). I don't see examples of medical discrimination caused by COVID infection, which seems like a more serious problem.

I would have to do some research for applicable Covid-specific cases as I am not in California. California is a whole different beast than Michigan.

Following, however, is a link with additional (albeit older) information on the laws of fair housing, specifically as they relate to HIV-AIDS discrimination:

https://www.alrp.org/wp-content/uploads/AIDS-Law-Chapter-11.-Fair-Housing-and-HIV-AIDS.pdf

The Fair Employment and Housing Act does not cover owner-occupied single-family homes with one boarder.

 

[adjusterjack]

Do we know of any existing court cases or precedents related to this? I don't see examples of medical discrimination caused by COVID infection, which seems like a more serious problem.

What everybody seems to be overlooking is California's lodger laws.

Law section (ca.gov)

Law section (ca.gov)

Renting a room in the owner's house may imply that you don't have a written lease of a specific duration (if you have one, say so) and it's just an informal arrangement where you pay rent every month. You are at least vulnerable to being put out with 30 days notice.

California's landlord tenant statute also has a section that applies to Covid.

Law section (ca.gov)

From which I quote:

1942.9(b) Notwithstanding any other law, a landlord who temporarily reduces or makes unavailable a service or amenity as the result of compliance with federal, state, or local public health orders or guidelines shall not be considered to have violated the rental or lease agreement...

That tells me that if you get Covid and are required by federal, state or local orders to be quarantined for a period of time the LL is not going to be at fault for making you do your quarantine elsewhere.

As for court cases regarding Covid, the trend is the upholding of society's right to protect itself from a killer disease. If you do catch Covid and your LL puts you out I don't think you will get any help claiming disability discrimination.

I don't think you will find any "legal" support to hold over your LL's head in response to her comment.

 

[LdiJ]

What is the name of your state? California

I rent a room in a shared house. The landlord lives in another room in the same house. She is deathly afraid of the rona and she told me that if I get infected, I'll need to stay somewhere else until I'm COVID-free. Recently when she heard me coughing, she started grilling me on whether I'm infected. I'm not sick, it's just allergies. I have documented her threats.

If this is illegal, do I have any recourse:

1) Right now, merely for making the threats and not following through yet
2) If I'm actually barred from the property for being sick

I don't understand why you don't just get a rapid COVID test to prove to your landlord that you don't have it.

She is not obligated to rent a room to you forever. If she is not happy with you as a renter she will eventually be able to require you to move out. If you like living there, you might as well do what you can to reassure her.