No kids allowed? A renter's question. - Tilted Forum Project Discussion Community

hyperrust · 03-02-2004, 01:38 PM

I'm trying to sublease my 2-bedroom apartment right now. A woman with a child called and wanted to take over my lease--just the two of them would have lived here. I had to tell her no because my lease specifies that no children are allowed, even though the apartment is zoned for double occupancy.

After I hung up, I wondered if it's even legal to forbid children from living in an apartment with a responsible adult. Is it age discrimination? I know somebody out there knows...

raeanna74 · 03-02-2004, 02:08 PM

If you are advertizing in a newspaper you might have some problems. I don't know the laws but I think you might want to be careful. Why don't you want to have a kid there? Can't you ask for a deposit to compensate for damages and then not worry if they have a kid?

If you don't advertize it, just use word of mouth then you can pick and choose.

hyperrust · 03-02-2004, 02:40 PM

I'm advertising in a paper, but I didn't specify that no children are allowed. Let me make it clear: I don't own this apartment, I'm just trying to get out of the remainder of my lease, which runs until June. The lease I signed with landlord specifies that no children are allowed. Since I'm subleasing the apartment, I assume that the new tenants will be held to the same (or very similar) lease rules to which I am bound.

I'm not the one who doesn't want kids to live in the apartment; rather, it's my landlord. My question came about when I stopped blindly accepting his rule. I can see him saying no pets, no smoking, but I don't see how he can legally forbid a child to live here, so long as the occupancy of the apartment is not more than two people.

shalafi · 03-09-2004, 02:15 PM

I dont know about the laws where you are but i know here in FL there are whole housing developments that are "mature" or "adult" communities meaning 55+. Also, a no kids rule could be as much for noise reasons as for possible damage.

cchris · 03-10-2004, 07:07 AM

What a cockhead.

It might be that he just hates kids and has incorporated this clause into the lease thinking that he has some right to do so.
If you are able to get some cheap legal advice on this then do so but if not you might have to go till the end of the contract.

2kids1headache · 03-10-2004, 07:18 AM

Here's your situation:

You signed a legal document stating that you understood and agreed to the rule that there would be no children living in your apartment.

The person that you sublet to will sign an agreement that binds them to the terms of your lease.

Unless you were under duress, I don't think you can make the courts agree that the lease is illegal. You signed that you understood their rules and were going to abide by them. That's the long and short of it. I've lived in apartments that didn't allow the tenants to have live Christmas trees because of the mess it would leave in the halls. Doesn't matter whether I think it's silly or not; I signed that that's the way it was going to be.

The owners of the building/complex don't want the noise and the potential property damage that go along with children. It's also my opinion that children shouldn't be forced to live in a box without a front yard, etc. Kids need room to run around and a place that they can be noisy and get their excess energy out. "In the apartment above me" isn't where I'd want that to happen.

shakran · 03-10-2004, 08:10 AM

If you let someone with kids sublet your place, you'll be breaching your lease. The landlord could kick you out and require you to pay for the apt. until he finds someone else to rent it.

If you don't let kids in, and it's illegal in your state, you will not get in trouble. You are following the directives of your landlord. HE will get in trouble. Either way, don't let kids in. You don't lose.

BTW, I highly doubt that it is illegal not to let kids into an apartment complex.

moonstrucksoul · 03-10-2004, 10:56 AM

i thought it was illegal to sublet a place? i guess i wouldn't press the issue

mtsgsd · 03-11-2004, 05:11 AM

There was a court ruling a few years ago that confirmed it's illegal to not allow kids. This was becoming kind of an epedemic I guess and it finally went to court. Can't remember anything more specific though.

phaedrus · 03-11-2004, 07:25 PM

Quote:

Originally posted by hyperrust
I'm trying to sublease my 2-bedroom apartment right now. A woman with a child called and wanted to take over my lease--just the two of them would have lived here. I had to tell her no because my lease specifies that no children are allowed, even though the apartment is zoned for double occupancy.

After I hung up, I wondered if it's even legal to forbid children from living in an apartment with a responsible adult. Is it age discrimination? I know somebody out there knows...

In California, it is only legal to forbid children in specially zoned retirement communities. Otherwise, it is illegal discrimination. This could vary from state to state, I don't know.

03-02-2004, 01:38 PM	#1 (permalink)
hyperrust Upright	No kids allowed? A renter's question. I'm trying to sublease my 2-bedroom apartment right now. A woman with a child called and wanted to take over my lease--just the two of them would have lived here. I had to tell her no because my lease specifies that no children are allowed, even though the apartment is zoned for double occupancy. After I hung up, I wondered if it's even legal to forbid children from living in an apartment with a responsible adult. Is it age discrimination? I know somebody out there knows...

03-02-2004, 02:08 PM	#2 (permalink)
raeanna74 I'm not a blonde! I'm knot! I'm knot! I'm knot! Location: Upper Michigan	If you are advertizing in a newspaper you might have some problems. I don't know the laws but I think you might want to be careful. Why don't you want to have a kid there? Can't you ask for a deposit to compensate for damages and then not worry if they have a kid? If you don't advertize it, just use word of mouth then you can pick and choose. __________________ "Always learn the rules so that you can break them properly." Dalai Lama My Karma just ran over your Dogma.

03-10-2004, 07:07 AM	#5 (permalink)
cchris Junkie Location: Sydney	What a cockhead. It might be that he just hates kids and has incorporated this clause into the lease thinking that he has some right to do so. If you are able to get some cheap legal advice on this then do so but if not you might have to go till the end of the contract. __________________ There's a fine line between participation and mockery

03-10-2004, 10:56 AM	#8 (permalink)
moonstrucksoul hovering in the distance Location: the land of milk and honey	i thought it was illegal to sublet a place? i guess i wouldn't press the issue __________________ no signature required

03-02-2004, 02:40 PM	#3 (permalink)
hyperrust Upright	I'm advertising in a paper, but I didn't specify that no children are allowed. Let me make it clear: I don't own this apartment, I'm just trying to get out of the remainder of my lease, which runs until June. The lease I signed with landlord specifies that no children are allowed. Since I'm subleasing the apartment, I assume that the new tenants will be held to the same (or very similar) lease rules to which I am bound. I'm not the one who doesn't want kids to live in the apartment; rather, it's my landlord. My question came about when I stopped blindly accepting his rule. I can see him saying no pets, no smoking, but I don't see how he can legally forbid a child to live here, so long as the occupancy of the apartment is not more than two people.

03-09-2004, 02:15 PM	#4 (permalink)
shalafi ARRRRRRRRRR Location: Stuart, Florida	I dont know about the laws where you are but i know here in FL there are whole housing developments that are "mature" or "adult" communities meaning 55+. Also, a no kids rule could be as much for noise reasons as for possible damage.

03-10-2004, 07:18 AM	#6 (permalink)
2kids1headache Loser	Here's your situation: You signed a legal document stating that you understood and agreed to the rule that there would be no children living in your apartment. The person that you sublet to will sign an agreement that binds them to the terms of your lease. Unless you were under duress, I don't think you can make the courts agree that the lease is illegal. You signed that you understood their rules and were going to abide by them. That's the long and short of it. I've lived in apartments that didn't allow the tenants to have live Christmas trees because of the mess it would leave in the halls. Doesn't matter whether I think it's silly or not; I signed that that's the way it was going to be. The owners of the building/complex don't want the noise and the potential property damage that go along with children. It's also my opinion that children shouldn't be forced to live in a box without a front yard, etc. Kids need room to run around and a place that they can be noisy and get their excess energy out. "In the apartment above me" isn't where I'd want that to happen.

03-10-2004, 08:10 AM	#7 (permalink)
shakran Tone.	If you let someone with kids sublet your place, you'll be breaching your lease. The landlord could kick you out and require you to pay for the apt. until he finds someone else to rent it. If you don't let kids in, and it's illegal in your state, you will not get in trouble. You are following the directives of your landlord. HE will get in trouble. Either way, don't let kids in. You don't lose. BTW, I highly doubt that it is illegal not to let kids into an apartment complex.

03-11-2004, 05:11 AM	#9 (permalink)
mtsgsd Addict Location: Wisconsin, USA	There was a court ruling a few years ago that confirmed it's illegal to not allow kids. This was becoming kind of an epedemic I guess and it finally went to court. Can't remember anything more specific though.