Is it legal to have an adult only rentalcomplex?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to have an adult only rentalcomplex?

Owners of a rental duplex that is connected to their property through a gate do not want children in the duplex. The gate is often open and they are afraid of the liability, noise and access among other things. Can they make the duplex adult only? The duplex is 2-1 bedroom apartments. In CA.

Asked on August 23, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The general rule on renting property by a landlord to tenants is that a landlord can not discriminate against anyone based up race, color, religion, sex, handicap, familial status or national origin. Unless the premises qualifies as housing for older persons (usually those 55 and over communities), you can not discriminate against children 18 or younger living with their parents or their custodian.  It would violate the Fair Housing Act.  If it is an adult only complex then again, it has to follow the laws in your state to qualify.  These complexes are exempt from the general rule. I would seek help from an expert in your area.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption