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The landlords reaction, as witnessed by the friend, makes it clear that the 30 day notice was based on the tenants religion.
It does not matter he is not kicking her out just not renewing her lease it is a no win sorry.
As tilli said This isn't an eviction. This is a landlord choosing not to renew the month-to-month lease, and either party is able to do that (with proper notice) for any reason or no reason
Yep, agree with everyone else. Month to month leases are just that. Either party can terminate for any reason w/ proper notice. They don't even need to tell them a reason.
Don't give it another thought, he'll never get a eviction, he'll never get in front of a judge without solid grounds to evict.
She should contact an attorney.
Quote:
Originally Posted by lfrench
I told a friend about this forum and the answers I received regarding the rental issue my parents had. She asked me to post her current landlord problem.
My friend is Wiccan. She has an altar devoted to that religion set up in her apartment. Her landlord was in her apartment a couple of weeks ago for a maintenance issue. My friend was there also. The landlord saw the altar and started freaking, ranting about not having devil worshipers in his apartment.
My friend said she was not a devil worshiper, but that the altar was part of her religion. She didn't explain further and I don't blame her. Her religion is none of his business.
Friend has been on month to month for a year or so, after a year under a lease. All has been fine until now. She came home from Thanksgiving to find a 30 day notice on her door.
I understand that month to month means either party can terminate with proper notice, but this is clearly religious discrimination. Can she do anything about it?
Ironically, landlord is religious, a Baptist. Friend said he's often made so-called witnessing statements to her, yet now he wants to kick her out because she has a religious calling too?
I had a nasty feeling proof was going to be the issue.
It's not that she isn't happy to be leaving a building owned by a religious bigot. It's the violation of losing your home due to your religion, and all the costs and lost time associated with moving.
I'll suggest she get the statutes. You've got me curious about Missouri. What kind of religious discrimination is allowed there?
If you own less than four rentals (four units, e.g. one apartment with four or fewer units, or four individual houses), you are exempt from all of the equal housing laws except for discrimination against race.
More than four and you have to abide by all the equal opportunity housing laws.
The other exception being that if the property is owned by an organization (church, club, etc.,) they are permitted by law to exclude anyone except their own membership.
maybe she should consider something like a TV armoire with doors where she can hide the altar from judgmental eyes.
That would be a fire hazard. But I agree with the sentiment. She shouldn't have to, but it might just be easier to go that route than deal with the judgement and fallout.
I agree this isn't really an eviction, so the landlord doesn't have to provide any reason. Even if she tried to fight it, and had proof in the form of witnesses or written evidence, all the landlord has to do is say that her religion isn't the reason for the eviction; he wants to renovate and market the apartment as a luxury unit. Or rent it to his mother in law. And he doesn't need any proof that he plans to do those things. The burden of proof would be on the tenant.
Discrimination is a lot easier to see than it is to prove in court.
Don't give it another thought, he'll never get a eviction, he'll never get in front of a judge without solid grounds to evict.
She should contact an attorney.
He is not getting an eviction just not renewing the lease a big difference
When I said I would sue him for religious discrmation it was ment to imply IF HE USED Tenants beliefs .. ..
at this point it would be better to just move out and let the word get out by word of mouth that the LL does discrimnate .. some where sometime he will get a kick in the butt from Karmas lesson of return .. given by a "good Christian " who aint all they think .. and the LL deserves that ..
From the HUD website section on the Fair Housing Act:
In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Also, What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
It sounds to me like the landlord is in violation, but your friend needs to contact either an attorney or, if one is available in her area, a Tenant's Council for advice.
Last edited by TexasHorseLady; 12-04-2009 at 03:22 PM..
Reason: To get rid of visible coding.
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