CanI be evicted for being a sex offender?

I have been living in my apartment for 10 momths. I am not on the lease nor do I pay rent. It is my roommates place and he is allowed to have 4 people max living here. It’s only me and him. The landlord has never said anything about me not being on the lease. She just found out i am a sex offender because another tenant told her. Now she wants me to vacate because “we cant have those kind of people here” (her words to my roommate). I have been a sex offender sfor the last 9 months and have stayed up to date with my registry.

Asked on October 4, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the landlord can have you removed depends upon the terms of the written lease between your roommate and the landlord. As such, you need to carefully read the written lease in that its terms and conditions control the obligations owed by the landlord to the tenant and vice versa in the absence of conflicting state law.

Most likely the lease has no prohibition against having a person who is a registered sex offender residing in the unit. In fact, some states may have laws precluding discrimination against a person who has paid his or her dues to society. In your situation the landlord's comments seem to be discriminatory as to you and your registered status.

I suggest that you consult with an experienced landlord tenant attorney concerning the specific laws in your state about renting to registered sex offenders and resulting discrimination.

Good luck.

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