Testimonials

Select a Question:
- If I sue for discrimination, can my landlord evict me?
- Can my landlord raise my rent in retaliation for me suing for discrimination?
- Can my landlord evict me if I simply complain to him about the rules that prohibit kids from playing outside?
- What if I sue for discrimination and lose: Would my landlord be allowed to evict me?
- My downstairs neighbor is complaining about noise made by my kids in the apartment. My kids aren’t doing anything unusual, just playing. Also, they don’t play early in morning or later at night. Can I be evicted?
- Can a landlord refuse to renew my lease because of my kids?
- My neighbor is harassing me about my kids being too loud. My landlord won’t intervene and stop the neighbor. What can I do?
- Can a landlord evict someone because their kids are too loud?
 

If I sue for discrimination, can my landlord evict me?

No. It is against federal law for a landlord to evict someone who has filed a lawsuit for discrimination. The courts will not allow a landlord to evict someone in retaliation for them having filed a discrimination lawsuit.

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Can my landlord raise my rent in retaliation for me suing for discrimination?

No. Federal law prohibits a landlord from retaliating against anyone who sues for discrimination. A landlord cannot do anything in response to you suing for discrimination: He cannot raise your rent, evict you, fine you, take away your parking space, or do anything else that is punitive.

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Can my landlord evict me if I simply complain to him about the rules that prohibit kids from playing outside?

A: No. You don’t need to file a lawsuit to receive the protections provided by federal law. If you object to the landlord about apartment rules that unfairly discriminate against children, then the law prohibits him from retaliating against you in any manner. If he does so, his act of retaliation is a violation of law.

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What if I sue for discrimination and lose: Would my landlord be allowed to evict me?

No. Federal law does not allow a landlord to evict you if you lose a discrimination lawsuit. To the contrary, if your landlord attempted to evict you after you lost such a case, this would directly violate federal law. In sum, if you file a lawsuit for discrimination, you do not have to win the lawsuit to avoid being evicted. You get to stay in your apartment no matter what the outcome of the lawsuit.

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My downstairs neighbor is complaining about noise made by my kids in the apartment. My kids aren’t doing anything unusual, just playing. Also, they don’t play early in morning or later at night. Can I be evicted?

No. Landlords commonly believe that they can evict a family simply because a downstairs tenant complains about noise. This is incorrect. A landlord has an obligation to inform complaining downstairs tenants that federal law requires the tenant to put up with normal kid noises. The desire for peace and quiet does not allow the landlord to silence children.

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Can a landlord refuse to renew my lease because of my kids?

No. A landlord cannot refuse to renew your lease simply because your kids are noisy or they play outside. Peace and quiet for the community does not allow the landlord to refuse to renew your lease. A failure to renew your lease is a violation of law.

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My neighbor is harassing me about my kids being too loud. My landlord won’t intervene and stop the neighbor. What can I do?

The landlord has an obligation to inform the neighbor to stop harassing your kids. If he fails to intervene, then the landlord violates discrimination laws by knowingly allowing tenant to continue to harass you and your kids.

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Can a landlord evict someone because their kids are too loud?

No and yes. No, you cannot be evicted if your kids make normal kid noises during normal hours (usually between 8 a.m. and 9 p.m.). It is perfectly okay for kids to run, laugh, giggle, and make some noise inside and outside of their apartment. However, you can be evicted if your kids make unusually loud noises at odd hours. Your landlord cannot ask your kids to quiet at all times. However, you can be evicted if your kids make unusually loud noises at odd hours, such as playing drums at 1 a.m. or turning on the stereo full blast at midnight

 

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*Any person making an inquiry to the Law Offices of Craig P. Fagan through this website is advised that no attorney-client relationship will be formed with the Law Offices of Craig P. Fagan absent a written agreement that is signed by the lawyer and the client and that defines the scope of the representation. You are also advised that representation on a matter outside of California cannot be confirmed unless an application to practice law pro hac vice is first issue by another state.