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We are new to renting and have just moved into a single family home. We signed a one-year lease with a property management company.
The landlord lives in the area and stopped by yesterday to see what the landscapers had done the day before. This was our first time meeting him, and he was surprised to hear that we had four children. Apparently the property management firm told him we had two. We wrote "4" for number of children in our application, and our lease specifically names our children individually. We definitely did not hide this at any point.
My question is, can the landlord force us to leave if he did not want 4 children in the unit? Or is this an issue between him and the property manager?
It's between him and the property manager. Your lease is legally binding and names your children as occupants. He absolutely cannot force you out while that lease term is running.
The only way you could possibly have any problems is if the occupancy limits have been violated. Basically, the housing limits allow for 2 people per bedroom plus one. So, for 6 people, you would be required to have 3 bedrooms.
And if he tries to kick you out based on the above, I still think you should fight it. Your lease shows everyone that will occupy the unit, and if they broke the law regarding occupancy limits, etc., you can probably get the court to get them to give you money to move, etc.
2 persons per bedroom plus 2 persons for the living room. And, if it ever got to court, size of the rooms and "size" or age of the persons would be taken into account. In other words if one had 3 small children in a very large bedroom, that would not be considered as violating an occupancy ordinance. Generally if there is any way to rule on the side of the tenant, they do.
Of course he can't void your lease, unless they want a Fair Housing complaint on their hands.
We are new to renting and have just moved into a single family home. We signed a one-year lease with a property management company.
The landlord lives in the area and stopped by yesterday to see what the landscapers had done the day before. This was our first time meeting him, and he was surprised to hear that we had four children. Apparently the property management firm told him we had two. We wrote "4" for number of children in our application, and our lease specifically names our children individually. We definitely did not hide this at any point.
My question is, can the landlord force us to leave if he did not want 4 children in the unit? Or is this an issue between him and the property manager?
Thank you so much.
Georgia
First of all fair housing law doesn't allow discrimination towards kids. You disclosed everything and this is indeed between the owner and the property manager but again the property manager can't discriminate either.
The only thing that can happen is that the owner doesn't want to renew the lease but that will cause the owner down time and less money and again paying for commission...money is what usually will motivate an owner to renew a lease. Unless you are not paying in a timely manner month after month.
The only way you could possibly have any problems is if the occupancy limits have been violated. Basically, the housing limits allow for 2 people per bedroom plus one. So, for 6 people, you would be required to have 3 bedrooms.
And if he tries to kick you out based on the above, I still think you should fight it. Your lease shows everyone that will occupy the unit, and if they broke the law regarding occupancy limits, etc., you can probably get the court to get them to give you money to move, etc.
I feel as though I am picking on you. I'm not really. I'm picking on the inaccuracies that you are giving out as advice.
Assuming by the OP's screen name that she is renting in the state of Georgia, (since no info is provided in the op and also not provided in the OP's profile), then one needs to look at Georgia's landlord-tenant statutes to know what the housing limits allow. And even then, I would hedge because the OP might be renting in NYC or Timbuktu.
In some states, it is very permissible to have 3 children or 1 adult and 2 children of the same sex sharing a room. And even then, very young children even not the same sex are permitted to share a bedroom.
OP, you asked a specific question: the answer is that the issue is between the landlord and the management company. You signed a lease with the management company in which you provided accurate information. The issue is not between you and the landlord.
I feel as though I am picking on you. I'm not really. I'm picking on the inaccuracies that you are giving out as advice.
Assuming by the OP's screen name that she is renting in the state of Georgia, (since no info is provided in the op and also not provided in the OP's profile), then one needs to look at Georgia's landlord-tenant statutes to know what the housing limits allow. And even then, I would hedge because the OP might be renting in NYC or Timbuktu.
In some states, it is very permissible to have 3 children or 1 adult and 2 children of the same sex sharing a room. And even then, very young children even not the same sex are permitted to share a bedroom.
OP, you asked a specific question: the answer is that the issue is between the landlord and the management company. You signed a lease with the management company in which you provided accurate information. The issue is not between you and the landlord.
Hey, sticks and stones...You can always find something to pick at, if you look for it. I'm confident you will continue to do so, but hey, if it results in better, clearer information for the OP, that's great.
I said "basically" the occupancy standards are 2 + 1, and that's true. Different jurisdictions may have different rules, but that is "basically" the standard. At least, the fair housing courts in CA have found that a landlord is safe using these restrictions. HUD actually says it may even be fair to limit occupancy to 2 persons per bedroom - period. But, in that case, the landlord has to have a strong reason regarding the square footage, etc.
If the residence only allows for so many occupants (and this includes children) to share a certain amount of square feet per bedroom and "living space", and you're over the limit, you might be out of luck.
In the city I'm a LL in, there is a legal occupancy limit (based on square footage of bedrooms and living space) and it doesn't matter the age of the occupant.
Might want to check in to the city/town laws to get some peace of mind.
If occupancy numbers ARE an issue, you might run in to an issue if the LL wants to rectify his PMs mistake. All so the LL doesn't get fined out the wazoo the next time the fire marshall c/city inspector comes through and sees 4 kids and two adults in a home that is only legal for 3 or 4 occupants.
Obviously this is not your fault, but you might bear the brunt b/c the PM messed up.
Or maybe you'll be just fine and the LL was only surprised you had 4 kids b/c you look great for having 4 kids....and no big deal!
Last edited by JerseyG; 08-15-2013 at 09:35 PM..
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