Can we legally get kicked out of our apartment because I’m pregnant and this child will put us 1 person above maximum capacity?

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Can we legally get kicked out of our apartment because I’m pregnant and this child will put us 1 person above maximum capacity?

The occupants are me my husband and our biological 3 children. Our complex is considered low income/fair housing.

Asked on March 31, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely you cannot be legally kicked out of your rental due to you having another child due to the new child will place you above the maximum capacity of the rental that you have. To do so would be discriminatory. However, given the fact that the new child will place you above the threshhold to occupy the rental, you might not be able to get your low income lease renewed.

I suggest that you consult with an attorney that practices in the area of landlord tenant law and the department of housing further about your question.


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