Legal Question in Landlord & Tenant Law in North Carolina

lease provision

My husband and I live in NYC in a wonderful 2 bedroom apartment and both names are on the lease. Our lease states that our apartment can be occupied by 2 people. If I become pregnant, can our landlord leagally refuse to renew our lease? If we don't tell him that we are expecting before we renew our lease, does the baby's arrival void our lease? We really don't want to move.


Asked on 12/18/03, 12:00 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: lease provision

"If" ? The best of luck for you. Rember to take lots of vitamin B supplements!

The landlord cannot evict you for starting a family. There are laws on that point. However, if the lease prohibits children then he may bark and growl. But you are still in good shape!

Good luck.

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Answered on 12/19/03, 5:50 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: lease provision

No. He cannot kick you out if you have a baby. Are you sure the lease doesn't say "2 unrelated people?" or words to that effect? If not, it was sloppy drafting, landlords cannot evict you for creating a family.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/18/03, 3:34 pm


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