Can An Apartment Lease Not Allow Children?
I am trying to sublet my apartment and i have a family that wants to sublet from me. They have a child. In the lease it says they do not allow children, is this legal?
Tags: Allow, Apartment, Children, Lease
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on Friday, January 29th, 2010 at 1:31 pm and is filed under Break A Lease, Q & A.
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This is only legal in an adult only complex.
BTW, you can’t sublet unless your lease says you can, so you need to run the whole thing by your landlord anyway.
Only if it is in an Adult Community, 55 and over although they are required by law to have 20% for under the age of 55 yrs of age. They can not tell you No Children Allowed, they have to state an ordinance or it could be in the bylaws.
Yes they can and sometimes for good reasons, such as child safety issues.
It is legal if the apartment is privately owned.
Prohibiting children is illegal discrimination under federal fair housing laws. Fair housing laws cover most rentals — regardless of private ownership — except certain circumstances:
“What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.”
Official senior housing can also exclude children.
Landlords can also set an occupant limit — however, I’m not sure if such limits include children.
Yes, the rentee can restrict that children can’t live there.
yes, if the complex is privately owned. Is this an adult community? Most adult communities do not allow any children.
Yes it is legal as long as it is applied across the board, posted and does not accept federal monies.
Also your lease may not allow subleasing…