After we signed the lease and payed our first month rent (02/01/14). 13 days later the landlord handed us a 3 day notice to perform or quit, saying we have to move out because there is a child living here. Can he do this?
We told him we had a 13 year old daughter before we signed the lease.
Also, the property needs some repair and he refused to fix anything before and after we moved in.
He has also come by twice and demanded we should move. He also threatened us saying he is going to sue and have us evicted.
My wife is so upset over this she cannot sleep, eat or relax. She is so upset we took all of our savings (whats left of it) and found another place to live.
We're moving out next week. :-(
PS: It's a single family home.
2 Answers from Attorneys
I am sorry for your situation. What the landlord did is totally illegal. You don't ask any question though. So I'm not sure what else to tell you.
If you are in violation of lease terms, you can be 'defaulted' and evicted with proper notice. Sounds like that is what he has been 'threatening' you with.
If you contend the lease doesn't prohibit you having a child, or that the lease mentions the child issue in some way and you can prove you disclosed the child to the landlord prior to signing the lease, then you may have grounds to defend against an eviction. If you move out, eviction becomes a non-issue.
Consult with a local attorney experienced in landlord tenant law to see if it is reasonable to spend time and money bringing any legal action to defend against eviction, or against them for breach of lease or "illegal" actions of the landlord..