Month to month tenant asked to move because of religion (apartment, lease)

[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?

[20yrsinBranson]

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?

Before everyone jumps on the bandwagon here and tells you that the landlord cannot discriminate based upon religion. I can tell you that in Missouri there are circumstances where a landlord can VERY MUCH discriminate based upon religion. The only thing that they cannot discriminate on is race.

If your friend wishes to pursue this, she need to contact the Real Estate Commission for the state that she lives in and get a copy of the statutes governing discrimination issues and see what her state's laws are.

If she has a case then she can go to an attorney if she wishes to pursue it further. She is going to have to PROVE that this was the issue, which is going to be impossible anyway.

I wouldn't want to rent from someone like this. So she should be happy to go I would think. I would.

20yrsinBranson

[lfrench]

Originally Posted by 20yrsinBranson

Before everyone jumps on the bandwagon here and tells you that the landlord cannot discriminate based upon religion. I can tell you that in Missouri there are circumstances where a landlord can VERY MUCH discriminate based upon religion. The only thing that they cannot discriminate on is race.

If your friend wishes to pursue this, she need to contact the Real Estate Commission for the state that she lives in and get a copy of the statutes governing discrimination issues and see what her state's laws are.

If she has a case then she can go to an attorney if she wishes to pursue it further. She is going to have to PROVE that this was the issue, which is going to be impossible anyway.

I wouldn't want to rent from someone like this. So she should be happy to go I would think. I would.

20yrsinBranson

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?

[Lacerta]

Legally, it is illegal to evict someone because of religion. I can't think of what circumstances 20yiB might be talking about that would make it legal. There may be some, but in almost all cases, it is illegal. Now, if your religion is causing you to do damage to the property or violate some law or subdivision rule, that can be legal grounds for eviction, even if it is BECAUSE of religion. But that isn't eviction due to religion, but due to damage, illegal activity, or lease violation.

It is true though that proving it is going to be difficult. Your friend would have to have been an otherwise ideal tenant, with ZERO issues. Even then, the landlord may just lie and say they decided to sell the property, or move in themselves, or whatever. A month to month lease can be terminated for no reason (at least in my area, your local rules might be different).

Honestly, if she does fight it and stays, the LL is going to make her life miserable, so I wouldn't want to keep living there under those circumstances. The only good option I can think of is if she wanted to sit down with the landlord and explain her religious beliefs, it might make the LL more comfortable that she really isn't sacrificing babies in the apartment living room.

[Houston3]

"Wicca (pronounced [ˈwɪkə]) is a Neopagan religion, that is also often referred to as Witchcraft or the Craft[1] by its adherents, who are known as Wiccans or Witches"

Wicca - Wikipedia, the free encyclopedia

I'd kick them out too, UNLESS they were GOOD WITCHES...

[tilli]

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. It's kind of the entire point of a month to month lease. So long as the landlord serves the notice as legally required and allows the tenant to live out the remaining lease term (i.e. 30 days), I don't see that she has any choice but to move.

If she wants a little more security, next time she should sign a new lease when the first one runs out, and maybe she should consider something like a TV armoire with doors where she can hide the altar from judgmental eyes. Not that she should have to do that, but that's reality as a member of a minority religion that people have a lot of misconceptions about.

[Faworki1947]

Originally Posted by Houston3

"Wicca (pronounced [ˈwɪkə]) is a Neopagan religion, that is also often referred to as Witchcraft or the Craft[1] by its adherents, who are known as Wiccans or Witches"

Wicca - Wikipedia, the free encyclopedia

I'd kick them out too, UNLESS they were GOOD WITCHES...

If the LL used religion as the reason I would sue the hell outta that bigot .. and win ..
but being a "good Christian " he will make up a lie and use that for an excuse and get away with it unfortinaually ..

Truthfully I would move and "mark the house" as discrimortory to other religious beliefs .. .. :: smirks ::

[tworent]

Can she do anything about it?

No not a thing he gave her the 30 days as required she needs to leave.On a M2M lease no reasion needs to be given on why your not renewing.

[beach.guy]

Originally Posted by tworent

Can she do anything about it?

No not a thing he gave her the 30 days as required she needs to leave.On a M2M lease no reasion needs to be given on why your not renewing.

The landlords reaction, as witnessed by the friend, makes it clear that the 30 day notice was based on the tenants religion.

[Lacerta]

Originally Posted by beach.guy

The landlords reaction, as witnessed by the friend, makes it clear that the 30 day notice was based on the tenants religion.

Where did the OP say there was a witness? The friend is the one who is the tenant, so it is their word against the landlords.