Landlord Question and Answer Forum

Small family home rented to single woman a year ago. Found out by accident yesterday that she is taking custody of her 5 nephews and 1 niece (all under age of 12), as her sister has lost custody due to abusive husband and other disputes. While I applaud her for trying to keep her family together, the house is small (though DSS approved for the children). I am concerned about damage that will occur to house. It is time for new lease, but have her on week-to-week lease now until end of August, due to 3 month deficiency in payments. Previous monthly lease for 12 month stated yearly increase could not exceed 10%. Can I go beyound this, due to change in circumstance? Can I write in clause about damages?

I n some states you cannot have a boy and girl in the same bed room or it goes by square feet how many people are in a house. DSS cleared you there. You have a heart of Gold but it might be rough on you when all the exspenses come in on wear and tear,now she had some flags come up before, how is she going to pay the rent with all these children unless she will be helped , I am a very soft hearted person and I have been burn't but I will tell you this in a Judges eyes you will not evict this person easily with all these children.

Posted by Donald G, MA on Sunday, July 11, 2010

It sounds like you want to get rid of her, and I can understand that. If she is not making the proper payments, that is a good reason. Just give her written notice that you are choosing to not renew the lease when it ends in August. DO NOT SAY ANYTHING ABOUT THE CHILDREN. If you do, you may be opening yourself up to a nasty discrimination suit. Families with children are a federally protected class, just as race and national origin.

Posted by Jason I, AZ on Tuesday, July 13, 2010