It is illegal for a landlord to evict someone for allowing their children to play outside. The COVID-19 crisis does not give your landlord or apartment manager the right to stop children from playing outside. Below, you will find more information to help determine if you are being discriminated against.
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CAN MY LANDLORD REFUSE TO RENEW MY LEASE?
Can my landlord refuse to renew my lease? Can your landlord refuse to renew your lease because he doesn’t like you? In other words, can your landlord terminate your lease for any reason Under State law, if you live in an apartment complex, it is very difficult for a...
DOES MY LANDLORD HAVE TO GIVE ME MONEY TO MOVE IF FORCES ME TO MOVE BECAUSE HE’S SELLING THE PROPERTY OR WANTS TO MOVE BACK IN?
Yes. Under California law (Civil Code 1946.2), if a tenant is asked to leave due to no fault of his or her own, the landlord must: a. Within 15 days after giving notice to have the tenant move, give the tenant one month’s worth of rent to help for relocation; or b....
CAN MY LANDLORD FORCE ME TO MOVE OUT OR EVICT ME BECAUSE HE WANTS TO SELL THE PROPERTY?
Yes, the landlord may require you to move in order for him to sell the property. You are allowed to remain for the full term of your lease before being required to move. However, if your lease expressly states that the landlord can sell the property, then you only get...
CAN MY LANDLORD FORCE ME TO MOVE OUT OR EVICT ME BECAUSE HE WANTS TO REMODEL MY UNIT?
Once again, you get the dreaded answer of “Yes and No.” Yes, he can force you to move out to remodel, but only if he will be conducting substantial structural remodeling, such as major changes to the structure of the building, or material modification to electrical,...
MY LANDLORD WANTS ME TO MOVE OUT SO HE CAN MOVE BACK INTO THE PROPERTY. DO I HAVE TO MOVE?
The answer is Yes and No (Don’t you love answers like that!) Yes, you must move out if the landlord intends to move into the property, or intends to let his/her domestic partner, children, parents, or grandparents move in. HOWEVER, this is only required if the lease...
Can My Landlord Evict Me for Having an Emotional Support Animal?
Can My Landlord Refuse My Emotional Support Animal? No. Apartments and condominiums with no-pet policies are required to accept dogs and cats that are categorized as emotional support animals (ESAs). By law, a landlord must accept your ESA unless the animal is...
CAN YOUR LANDLORD LOCK YOU OUT FOR NOT PAYING RENT?
Something new has been blowing in the wind. COVID has changed how landlords do business. With most of the eviction courts closed, landlords have opted to take measures into their own hands. One familiar tactic that has occurred a lot recently, is the landlord...
POLITICAL DISCRIMINATION – CAN YOU BE FIRED OR REFUSED SERVICE AT A RESTAURANT FOR SUPPORTING DONALD TRUMP?
If you are walking down the street wearing a Trump MAGA hat, and someone stops you and says, “Take that hat off, or else you might regret it.” Do you have legal recourse? Can you sue someone who threatens you or attacks you for wearing a Trump hat? Or,...
Can kids play outside during the Coronavirus Covid-19 Crisis? Yes.
The Stay at Home Order issued by California Governor Gavin Newsom requires residents to “stay at home or at their place of residence.” If you venture out for necessary functions, including outdoor exercise, you are required to comply with social distancing orders....
Can Your Landlord Force you to Keep your Kids Indoors so that the Community Can Have Peace and Quiet, otherwise known as Quiet Enjoyment?
As summer approaches, the tolerance of some landlords toward children diminishes. Some landlords will blatantly inform tenants that they don’t want their children playing outside. Period. A host of reasons will be offered. Typically, the most common claim is that...
What do the new rent control laws in California mean for families in apartments?
Nothing but good news. And it’s about time. Better yet, there is a hidden gem in this new rent control law that isn’t getting much press, but should bring extra smiles to the faces of tenants. The new law is Civil Code §1946.2 (AB-1482). The law has two very good...
RACISM IS ALIVE AND WELL IN THE HOUSING DISCRIMINATION WORLD
IS RACISM REALLY ALIVE? Racism has become a political hot potato these days. Politicians throw around the scathing claim on a daily basis, all in an attempt to get votes. It trivializes true racism. Racism in rental housing may not be as common as it once was, but it...
When Does A Landlord Go Too Far When Issuing Rules That Prohibit Children From Playing Outside During Summer?
Life in an apartment complex comes with the loss of certain freedoms. However, landlords have a bad habit of trying to take too many freedoms from you. Some of them think that they are the parents of your children, and that they can tell...
Are You Ready For Your Landlord’s Summer Reminder Flyer?
As summer draws near, landlords everywhere are beginning to groan. The thought of loud children playing outside at their apartment complex for the upcoming summer is too much to bear. It’s usually at this time of year that landlords attach “Summer Reminders” flyers to...
Does A Person Have To Be Classified As Disabled In Order To Get A Service Animal?
Yes. This is not a difficult thing to establish. If a medical doctor determines that a person is emotionally handicapped due to life’s circumstances, the doctor can prescribe a service animal. Once diagnosed as disabled, a landlord cannot reject a...
Is There A Difference Between A Service Animal And An Emotional Support Animal?
No. Both are permitted by law. A service dog may perform various functions for a person, but an animal is not required to perform functions to be admitted. The mere fact that an animal brings peace and satisfaction to a person who suffers emotional...
What Animals Can Act As Service Animals?
Virtually any animal within reason can act as a service animals. Courts have approved of birds, cats, and dogs as emotional support animals.
Can My Landlord Increase My Security Deposit Because Of My Service Animal?
No. It would be a violation of federal law for a landlord to increase your security deposit due to you requesting a service animal.
Does My Service Animal Have To Be Specially Trained Before I Can Use It?
No. The law does not require a service animal to be specially trained.
Can I Be Evicted For Having A Service Animal?
No. By law, a landlord must accommodate someone who has a service animal. This is true even if the landlord has a no pets policy. A landlord is required to waive its no pets policy to accommodate a disabled person in need of a service animal. A tenant in need of a...
I Don’t Have Any Money. How Can I Afford It?
If we decide to accept your case, then you will not be required to pay any attorney’s fees or costs unless we win the case for you or successfully cause the other side to settle before trial and pay you money. If we accept your case and cannot recover any money for...
Can I Go To Jail If I File A Lawsuit And Lose?
No. A person can never be sent to jail for losing a housing discrimination lawsuit. American courts do not send people to jail for losing civil lawsuits. A housing discrimination lawsuit is a civil lawsuit.
Can A Landlord Refuse To Allow Kids To Play Outside If The Kids Or Their Parents Are Not Legalized Citizens?
No. A landlord cannot refuse to allow kids to play outside on the basis that they are not legal American citizens. This would be a complete violation of federal law. Federal law prohibits discrimination against children – – regardless of whether that child is an...
I Was Discriminated Against While I Lived In The United States, But I Have Now Moved Back To Mexico. Can I Still File A Lawsuit For Discrimination Even Though I No Longer Live In The United States?
Yes. You can sue while living in Mexico if the discrimination took place while you lived in the United States.
I Am Not A Citizen. If I File A Lawsuit, Will The Immigration Naturalization Service Learn About It?
No. When you file a lawsuit, you are not asked to prove that you are an American citizen. Moreover, nobody is allowed to question your citizenship during the case. In short, the law does not inquire into your citizenship status after you file a lawsuit. This is...
I’m Afraid That I’ll Be Deported If I File A Lawsuit. Is This A Possibility?
No. A person does not have to be an American citizen to file a discrimination lawsuit. The law protects everyone who has been a victim of discrimination, regardless of whether they are an American citizen. Also, nobody can question you about your citizenship status...
Do Undocumented Immigrants Have The Right To Sue?
Yes. American laws protect all people who are in the United States, regardless of whether they are Americans. You do NOT have to be an American citizen to file a lawsuit for housing discrimination.
Can An Apartment Complex Rent To Adults Only?
In very rare cases, a complex can refuse to rent to families with children. However, this is an extremely rare situation and will be discussed at the end of this section. In the vast majority of cases, however, it is illegal for a landlord to refuse to rent an...
Can My Landlord Evict Me For Getting Pregnant Or Because My Baby Cries?
No. A landlord cannot force a woman to move out simply because she is pregnant, nor can families be evicted because their baby cries. Fair housing laws recognize that three people can share a one-bedroom apartment. Any remaining bedrooms can...
Broken Sprinklers: Can A Landlord Refuse To Allow Children To Play In The Grass Because She Is Afraid Of Sprinklers Getting Broken?
Some landlords will use any excuse to prevent children from playing. One such excuse is that they are afraid that children will break sprinklers. This is not a legal justification for refusing to allow children to play outside. This is just a...
My Downstairs Neighbor Is Complaining About Noise Made By My Kids In The Apartment. My Kids Aren’t Doing Anything Unusual, Just Playing. Also, They Don’t Play Early In Morning Or Later At Night. Can I Be Evicted? My Neighbor Is Harassing Me About My Kids Being Too Loud. My Landlord Won’t Intervene And Stop The Neighbor. What Can I Do?
The landlord has an obligation to inform the neighbor to stop harassing your kids. If he fails to intervene, then the landlord violates discrimination laws by knowingly allowing tenant to continue to harass you and your kids.
Is An Apartment Complex Allowed To Make Rules Just For Kids?
In most cases, no. The Fair Housing Act states that it is unlawful for a landlord to make rules that attempt to control children. Your landlord cannot make rules that unfairly affect families with children. For example, it is illegal for an apartment complex to...
What Does The Fair Housing Act Prohibit?
The Fair Housing Act is a federal law that prohibits discrimination in apartment complexes and condominiums against families. The Fair Housing Act makes it illegal for a landlord to refuse to rent to families with children, or to refuse to allow children to play...
Can My Landlord Refuse To Renew My Lease Because Of My Kids?
No. A landlord cannot refuse to renew your lease simply because your kids are noisy or they play outside. Peace and quiet for the community does not allow the landlord to refuse to renew your lease. A failure to renew your lease is a violation of law. One particular...
Can My Landlord Evict Me If I Simply Complain To Him About The Rules That Prohibit Kids From Playing Outside?
No. You don’t need to file a lawsuit to receive the protections provided by federal law. If you object to the landlord about apartment rules that unfairly discriminate against children, then the law prohibits him from retaliating against you in any manner. If he does...