Newborn Violates The Lease?

[Davidca]

What is the name of your state? California

I have a roommate who I met about 4 months before she moved in. She was obviously pregnant and told me she was going to give up the child for adoption. I new I was going to be looking for a roommate and when the subject came up, she expressed interest but I told her that with her and the child, it would exceed the number of people that the lease allowed to live in the apartment. She eventually gave birth to the child and put it in foster care. She is very nice and has a PhD (yes, I checked) so I let her move in and now, a few months later, she tells me that she will be getting the child back. Whether she stays here or gets her own place is yet to be determined.

MY QUESTION IS, although having the child here would exceed the number of residents allowed on the lease, is there any law that overrides such issues when a new child comes into the picture? Also, if you know, could you quote that law so I can have it to present to the landlord if this issue happens.

 

[samk]

What is the name of your state? California

I have a roommate who I met about 4 months before she moved in. She was obviously pregnant and told me she was going to give up the child for adoption. I new I was going to be looking for a roommate and when the subject came up, she expressed interest but I told her that with her and the child, it would exceed the number of people that the lease allowed to live in the apartment. She eventually gave birth to the child and put it in foster care. She is very nice and has a PhD (yes, I checked) so I let her move in and now, a few months later, she tells me that she will be getting the child back. Whether she stays here or gets her own place is yet to be determined.

MY QUESTION IS, although having the child here would exceed the number of residents allowed on the lease, is there any law that overrides such issues when a new child comes into the picture? Also, if you know, could you quote that law so I can have it to present to the landlord if this issue happens.

While I do not know what city you live in, these are the rules in Davis:

(a)This article shall not prohibit the person having the right to rent or lease the premises from imposing uniform requirements upon prospective tenants so long as such requirements are otherwise lawful and are imposed without regard to age, parenthood, pregnancy, or presence of a minor child.

(b)By example, and not by way of limitation, a landlord may establish a limitation on the number of occupants in a particular type of unit; however, in the case of an occupancy limit it shall be:

(1)Reasonably related to the size of the unit; and

(2)Conspicuously posted on the premises or stated in a written policy statement, house rules or notice; and

(3)Shall be equally applied to all prospective residents, except that no occupancy limitation shall apply to a newborn infant during the term of any lease in effect on the date of birth. (Ord. No. 1036, § 1.)


http://www.ci.davis.ca.us/cmo/citycode/detail.cfm?p=18&q=657

Perhaps you could speak to someone who knows the code for the city in which you live.

 

[Davidca]

Thank you sir. I live in San Francisco. Havent been able to get a straight answer yet. Since the baby was born 3 months ago, I dont know if "newborn" applies here. Although, someone said that any family mamber applies. I appreciate it.