Can my landlord kick me out because I have a baby?
I live in Minnesota. I am renting a 1 bedroom with my girlfriend and we have a 5 month old baby. My landlord wants us to move into a 2 bedroom when our lease is up, but we don t make the 3 times amount needed to rent a 2 bedroom. Her reasoning is because we have a baby now, which is 3 people in a 1 bedroom, even though my daughter will be under 1 year old still when we have to renew. Can she force us to move into a 2 bedroom or kick us out if we can t afford a 2 bedroom? We have never missed a payment on rent and are good tenants.
- SimplytheFACTSLv 71 year agoFavorite Answer
occupancy limits are by local law, TYPICALLY is NOT limited to 2 per bedroom (except for unrelated groups such as a group of friends renting together).
in most areas occupancy goes by over all size of sleeping areas and often count living room/dining room.
a typical 1 bedroom can legally accommodate 4-6 people, some times more.
the law is FHA...fair housing act. it is familial status discrimination to force you to move.
it is a MYTH Of 2 per bedroom. that is only a guideline for foster care and eligibility for deadbeats to get larger homes at taxpayer expense.
refusing to renew or continue your lease is essentially the same as kicking you out and illegal when due to familial status discrimination..
but unless you have 10s of thousands for a lawyer, the LL can get away with discriminationSource(s): i have researched this and previously posted reliable sources
- David SLv 71 year ago
Yes, a landlord has the right to determine who and how many will live in their rented premises. At the very least, she has the right not to renew your lease.
- ibu guruLv 71 year ago
Occupancy regulations may require you to get a 2 BR for your family size. Also, your baby will start crawling, walking, etc, soon enough & you absolutely need more space for the child's benefit. You have to figure out a way to get a larger apartment.
While your landlord cannot "kick you out" for having a baby during the term of the lease, a landlord can decline to renew a lease, and needs NO reason to decline to renew. You are not remaining in that 1 BR apartment. If you do not find another place for when your lease is up, you will simply get notice of non-renewal of lease at expiration.
BTW, your daughter will turn 1 y.o. during the next lease term, and would not be covered if regulations only allow infant under a year old.
- ntLv 61 year ago
Not kick you out but refuse to renew which is not the same thing.
- How do you think about the answers? You can sign in to vote the answer.
- 1 year ago
Unless he rents you a 2 bedroom for the same price as the 1 bedroom, what he wants to do is TOTALLY ILLEGAL, and tell him so (from me)
- MichaelLv 71 year ago
She can choose not to renew your lease.
Also, this may not be her decision, as there can be local ordinances that set maximum per-room occupancy.
- SlumlordLv 71 year ago
This one is marginal. You can't discriminate against someone due to "familial status" ie for having kids (there are some senior living places that don't allow kids but if you allow them at all then you have to allow them for everyone). However, as a landlord you can say that 2 people per bedroom is the max you will allow to prevent overcrowding, but allowing an infant on top of this is usually ok. Now the law is often whatever the landlord will allow - but there could be a specific law for where you are.
Again, I don't know the law in Mn but where I am there used to be a 2 people per bedroom (it was a county law, not the entire state, but whatever) with a baby under 1 year old allowed. Then they realized that someplaces have other rooms that can't be called bedrooms and more than 2 was ok; yet other places really couldn't hold 2 per bedroom. So, they tossed the law out and essentially just said the landlord can decide so long as they are reasonable.
So, if there is no specific law about this in Mn and the landlord can say that 2 per bedroom is all and the infant is getting to big then they can probably make you stick to that.
Check local, state and county, ordinances but if you don't find anything (and if the landlord enforces this policy uniformly - not discriminating against you in any way) then you better start looking for a new place. Even though this landlord won't allow it maybe another one would allow you to be in a 1 bedroom but as the kid gets older you may be forced to get a 2 bedroom (or at least a big one bedroom where the landlord says its ok) so you may want to bite the bullet and just get a 1 bedroom now.
Also, even if the landlord did allow this for now, the kid is getting bigger. This would only be ok for another 7 months regardless.
- audreyLv 71 year ago
Set up a corner of the living room for the baby. Maybe he'll go for that.
- Casey YLv 71 year ago
Do you receive any assistance?? If so, there are rules about the number of people in a unit corresponding to the number of bedrooms.
If you are not receiving assistance, this would be at the landlord's discretion. If they choose to non-renew your lease due to too many occupants (in their opinion), that is legal.
She cannot force you to move and she cannot kick you out...but she absolutely can choose not to renew your lease.
- martinLv 71 year ago
Most cities have landlord-tenant dispute agencies with a hotline for free. Check Minnesota law through them.