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bvzhandson
Can my landlord evict me if i have a 9 month old child?
can my landlord evict me if i have a 9 month old? I have been living in the same apartment for 6 years and he wants me out because he says that its to small of a place and i should get bigger, and that he want to rent it to some hot young girl and he threatened to have court system involved. I have always paid my rent on time and have all recipts. I live in upstate new york near Albany.



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Esma
Yes. The age of your child has no bearing. If he has a rule about occupants with respect to apartment size and you are in violation of it, he can evict you. Check your contract and the apartment rules. If he has no valid reason for kicking you out, tell him to go ahead and take it to the courts--you will probably win, especially if he told you about the hot girl!

However, I would recommend getting the heck out of there as soon as your lease is up. Even if you do win, I doubt you will have a great relationship with him anymore...

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SillyMom
Rating
You need to read the contract you signed when you first leased the apartment regarding the eviction clause. However, if there is grounds for eviction it doesn't matter whether you have a baby or not.

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agarwaen_neithan
Rating
Unfortunately he CAN evict you. Try to get some neighbors to reason with him. If you make a big stink about it, he may back down.

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RJL*class*of*09
Rating
well you can have him in court for evictting you for new reason and that the only reason why he wants to evict you is because of this hot young girl.. especially if you have no where to go. So before he takes you out and put you in court, you should do it first.

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Thallasa35
Rating
Are you living in an aprtment building or does he own only this one unit? It depends. But if he is the owner of only your unit he can evict but needs to give you WRITTEN notice in advance. If its apt. building, then he is viloating your rights if your Not behind in rent.

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jglawson80
As long as he gives you 30 days notice, he can evict you for any reason he wants, regardless of your family status or whether your rent is up to date.

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ousiicko
yes he could
if you are not paying any bills
getting the police called on you
damaging property....
then he could.
if you are going to court then bring all your recipts and everything else that makes evidence and tell the judge that he said he wanted to rent it to some "hot" yound girl.

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Gina @ Sand Castle Alapahas
You are getting alot of conflicting info here. It varies from state to state. You need to seek out legal aid and see what the law is in your area. In California if you are on a month to month the landlord can terminate your tenancy for any reason. He has to give you 30 days notice. If you don't abide by that he can then begin legal proceedings. The fact that you have paid on time and have kept your receipts is on your side, but don't take a chance, seek advice from a professional! Good luck and best wishes!

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omnisource
Rating
For any and no reason, your LL can terminate your tenancy, given proper notification. Not sure if any state/local rent control laws would help, but doubtful. A nine-month old in no way affects your tenancy rights. If it did, every evicted tenant would come up with one.
Plan your move now.

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Howdy Y&#39;all
Rating
I believe there is a law requiring kids to have their own bedroom, (or kids sharing a bedroom) so someone with a kid cannot have a one bedroom apartment. So if that is the case, yes he can evict you.

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bigleybill
Rating
You need to see an attorney and let him advise you on your rights.

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shelly
it is illegal to evict someone for a child. Unless he has a rule that says no more than 1 person in the apartment. Which he probably doesnt. My mom is the manager of an apartment complex and is not even allowed to mention "child" in a conversation because it is considered age discrimination.

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gugliamo00
Rating
It depends on your state laws. In California, he needs cause. Because he wants to rent to somebody else, is not cause. Because HE thinks it's too small for you, is not cause.

If you're a good tenant (pay rent on time, don't damage the premises, don't disturb the neighbors... like that) he couldn't evict you... but that's in CA.

May I suggest you get an attorney? you can get access to an attorney for less than $400 a year through a kind of legal insurance. You pay so much a month (minimum 1-year contract) and they run interference for you... and they're pretty good. The system I had gave me 2 weeks of representation in court, would write a letter a month--which may be all you need here, review contracts before you sign them... I think a couple a year... but I'm not sure, and would be give you unlimited legal advice on anything.

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missystutzman
Rating
I think u need to go to your local library and check out a book on your legail rights as a renter.I do know there are different laws in different states.as for Ar the laws state no he couldnt. Good luck and get to the library quick.

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horizontalement
Ok...sadly, he can evict you, but not based on him wanting to have a hot girl...that is sexist and it is against the law to discriminate based on gender.Complain to someone.

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J D
Rating
me and my partner have 5 kids so there is 7 of us staying in a 3 bedroomed house cant afford to buy, council told us we have to wait 5 to 10 years for a house the house we are in now has no heating no hot water and its hell no he cant hes at it.

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RE
Rating
Unless there is a policy or clause in your rental agreement stating that no children are allowed (which in many states would be illegal anyway), he cannot evict you for that reason. He is trying to intimidate you. You might want to consult Legal Aid for support in this matter. A letter from them can work wonders. However, in the long term there are a lot of unpleasant things that a landlord can do to make your tenancy disagreeable. You might want to begin thinking about moving on to a better environment, also keeping in mind what is suitable and safe for your child as s/he becomes of an age to play outdoors etc.

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lisalashes87
No, he can't. If he gets the court system involved then he HAS to find SOMETHING wrong to be able to evict you. It sounds like getting the court system involved would be a positive thing so you can keep the place. He has to state on what grounds hes evicting you, and if its nothing relevant like family status, then he can't evict you. Hope I helped!

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ace7star
Rating
No he can't evict you. I would consult a lawyer or go to a social services agency to see if they can assist you. your child is only 9 months i am sure you would want to move when he gets bigger maybe by 3 or 4 years old. but that should your own decision to make.

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john e
Rating
He can't use the court to evict you.

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rijim2001
Rating
YES EVICTION PROCEEDINDS CAN BEGIN IF YOU FALL BEHIND IN YOUR RENT EVEN FOR A FEW WEEKS.

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KatieK
Rating
Talk to a lawyer. You having a child has nothing to do with it but you need to find out if he legally has a right to evict you as you've never missed a payment.

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Lil Bro
Contact your local legal aid society. The laws very from state to state. Whether or not you have a child often means nothing in eviction proceedings in some states. In others, that constitutes an undue hardship and requires the landlord to take additional steps. From what you said, you may even have an action against him for discrimination.

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Durian
Rating
If you've violated your lease, having a child will not block the eviction process.

If you haven't violated your lease, the eviction process won't work.

If you live in an illegal apartment, neither you nor the landlord are protected by landlord tenant laws.

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Wizzle
Rating
Eviction has nothing to do with family status. He can't evict you unless you are not abiding by the terms of your lease, and even then it is difficult to do a proper eviction. Even in a 1 bedroom apartment, you can be in there with an infant.

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Sheila
I DO think you can be evicted, or given notice to move, having nothing to do with your dependents. I think the only time young children play into an adverse living situation is when a utility company, that provides heat, is going to cut you off. They cannot cut off your heat when it is below a certain temperature (such as below freezing) and their are small children or elderly people in the house.

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Bill
Rating
not by law, he must go and evict you but he has to have a good reason to do that, if he dose put you out without the legal process you may end up with a lawsuit against him and you will be a little wealthier from his stupidity

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curmudgeon
Rating
I do not think he can evict you if you pay your rent on time.

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FJM
I would fight it. however are you on a month to month agreement? He may have thirty days to break the lease. You need to seek some legal counsel. Tenants have rights.

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soofoo
Rating
The best authority on this is the NY Tenants Association. Link provided below:

If you have a lease, then he cannot evict you without grounds; late or nonpayment of rent, vandalism, criminal acts on the premises, more occupants than listed on the lease or allowed per room, etc. Either way, he has to notify you and give you ample time to correct the problem or find new housing; usually 30 days.

If he is threatening you with eviction and you have not committed any acts which give him grounds, contact your tenants association for legal help. I've included a link to the NY Tenants Association, which should help you find some recourse.

Here's an excerpt regarding Eviction from NY Authority.
EVICTION

Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (Real Property Actions Proceedings Law ("RPAPL") � 711)

To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL �749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law �235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.

A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL �713, �853)

It is wise to consult an attorney to protect your legal rights if your landlord seeks possession of your apartment. Never ignore legal papers.

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Marc X
Rating
Yes, he can't. No, he can. Boy, do the answers vary around here.

A landlord can ask you to leave at any time. You do not have to do so. Then the landlord would have to begin eviction proceedings, which are costly and time-consuming. If you have a lease and have complied with its terms, then the landlord is simply wasting his time.

Even if you don't have a lease, or even if you haven't complied with all the terms, the landlord still must go through proper eviction procedures. Did I mention that it's expensive and time-consuming? The landlord cannot simply 'WANT' you out. He has to have good reason to satisfy the court.

In the situation with your 9 month old, New York tenancy laws are very specific about what constitutes proper occupancy. If you have a 1-bedroom apartment, I doubt that a 9 month old violates the NY occupancy regulations. After the child has turned 2 years old, perhaps. That's more than a year away.

Check with your local Consumer Protection agency in your city. It may have a different name, but if you can't find it in your phone book under city government, then contact the city court clerk. They can tell you the proper agency to contact.

Everybody threatens to use the court system against you until they discover that you're using the court system to protect yourself. Always seems to be a big surprise to them, like the court is their personal hired gun or something.

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