Can my landlord force my family out if we have3 special needs children?

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Can my landlord force my family out if we have3 special needs children?

I’m out of work. What are my family’s rights under such circumstances?

Asked on September 1, 2010 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, landlord's may NOT discrminate against tenants because of disability, which, I believe, includes disabilty of minor children who live wiith the tenant. Therefore, in most cases, a tenant could not be forced out because they have special needs children.

There are some case in which a landlord might have grounds to evict you; e.g.

Certain residences might only be legally inhabitable by a smaller number of people, so you might have too-many people total

If your children are damaging the premises or disturbing other neighbors and there's no reasonable way to have everyone live together, that might provide grounds for eviction.

If you fail to make lease payments (or otherwise violate the lease), you could be evicted on that ground regardless of whether you have special needs children or not

You should consult with an attorney who evaluate the specifics of your situation and let you know what rights you have.


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