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Can a landlord evict a tenent for not disclosing a pregnancy?

My sister rents out an apartment that is connected to her home. The new tenant and her husband rented the apt stating that it would only be them an two "well behaved" dogs. Since they moved in the dogs have destroyed the lattice under the deck, they have destroyed every set of blinds in the windows and have become tangled in my sisters landscaping out front of the house. (The tenants claim the dogs have separation anxiety) Last month she walked out on the deck to find cartons worth of cigarette butts and empty boxes just laying on the deck with no garbage can in sight.
The couple argues nonstop...they are heard almost daily screaming obscenities at each other, and the dogs are heard fighting, with the couple yelling for them to break it up.
After my sister asked them at the beginning of this month why the rent was late again the husband mentioned they were "expecting" in the next few months. well they are actually expecting the baby in March.
The apt is tiny....a small one bedroom with a small kitchen a living room and bathroom. My sister and her husband used to live in the apt with their medium sized dog and it was cramped for them.
The lease is a month to month lease...is there a way to evict them somehow or not renew the monthly lease? Its not that they do not WANT to allow kids there, but one- they never disclosed a pregnancy, it states in the lease only the named people may occupy unless the landlord gives written permission, the apt is very small for the current occupants and their pets, and last....the dogs and couple are already proven to be unruly with behavior. Advice?

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Anonymous

Asked by Anonymous at 4:43 PM on Dec. 29, 2013 in Home & Garden

Answers (16)
  • Sounds like the pregnancy is the last thing I'd try to evict for. As a landlord, your sister should know her rights and what she can/can't do.
    maecntpntz219

    Answer by maecntpntz219 at 4:47 PM on Dec. 29, 2013

  • I agree with previous poster.

    If it is month to month all she would have to do is give them 30 days notice...but then if they didn't leave she would have to go through court proceedings.


    tntmom1027

    Answer by tntmom1027 at 4:51 PM on Dec. 29, 2013

  • Its a residential rental...more like a "mothers quarters" this is the 3rd time it was rented out. the first women left because she had a change of job location and was single. the second tenants moved because they purchased a home. before this couple came they denied a potential renter who had one child because they asked the person where they planned to sleep since it was a one bedroom. They would never have rented to this couple had they known they were expecting a child simply for the reason that it is so very small. They signed an agreement stating only they and two dogs would occupy the residence. it also states no OTHER occupants without written landlord permission. Technically bringing a child in a violation of the lease.
    Anonymous

    Comment by Anonymous (original poster) at 4:54 PM on Dec. 29, 2013

  • If its month to month then you really don't have to evict. Just tell them the lease will not be renewed. Tell sister to give them until end of Jan or Feb.
    LostSoul88

    Answer by LostSoul88 at 4:55 PM on Dec. 29, 2013

  • If it's a month-to-month she should be able to choose not to renew the lease for the next month. She should REALLY research landlord-tenant laws in her state. That's the best place for correct advice.
    Rosehawk

    Answer by Rosehawk at 5:01 PM on Dec. 29, 2013

  • If it's a month to month lease, all she has to do is give 30 days notice. If she tells them now, they'll have to be out by the end of January. She doesn't even need to give a reason, but if she does, I wouldn't go with pregnancy. Even though the woman is far enough along that she should have known (depending on when the apartment was rented), theoretically, they could claim they didn't know she was pregnant and therefore can't be "punished" for not disclosing something they didn't know about. If she feels she must give a reason, I'd go with the fact that the dogs are destroying property, and they're disturbing the peace.
    wendythewriter

    Answer by wendythewriter at 5:19 PM on Dec. 29, 2013

  • If it was in the lease that the occupancy was '2' and they agreed then there is nothing they can do. The landlord clearly is not prepared to rent to a family of 3 and the space doesn't sound large enough anyway.
    Anonymous

    Answer by Anonymous at 5:27 PM on Dec. 29, 2013

  • I agree, I don't think they need to evict them for not disclosing the pregnancy. What I would do is start calling the police every time they fight, and take pictures every time their dogs destroy things or they leave messes, then evict them for those things.
    ohwrite

    Answer by ohwrite at 5:30 PM on Dec. 29, 2013

  • I was evicted for lying about a pregnancy. The paperwork asked if you were expecting to add to the household in the next 12 months. I said 'no' knowing I was 4 months pregnant because I did not want to tell my mother who was helping me with the papers. When it became obvious I had lied I was evicted for purgering the form.
    Anonymous

    Answer by Anonymous at 5:34 PM on Dec. 29, 2013

  • the point is she doesn't need to mention anything about the pregnancy, fighting, dogs etc. if it really is a month to month. She just has to give them notice NOW the she is not renewing the lease and that as of Feb. 1st they will have to be out.(30 days notice that the lease is not going to be renewed).

    She does not have to have or give a reason for not renewing the lease if it is month by month, or if it was a 6 mth that ends this month etc. Once a lease is up no reason has to be given for not renewing.
    tntmom1027

    Answer by tntmom1027 at 5:42 PM on Dec. 29, 2013

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