Can landlord evict tenant who has baby?

Sole tenant of one bedroom flat under ASHT lives with boyfriend who is not on lease. When signing the lease she is not asked and does not declare that she is 8 months pregnant. Lease says flat is for no more than 2 people. She gives birth. Can boyfriend be evicted as she plus baby plus boyfriend make 3.?
Additional Details
Tenant is normally very obese and when female Landlord asked her if she was pregnant she said no, she wasn't pregnant, that she had a health problem and had put on even more weight. the first part wasn't true, but the second part was. Baby was born four weeks after signing the one year lease.

Boyfriend wasn't put on lease because he has outstanding Court Judgements and so couldn't pass the credit check

I don't know where you are and the law in the USA is probably different. In England it seems the law is on the Landlords side and there are something like 20 grounds on which they can get you.

We had a similar situation in London and because of the pregnancy not being declared we lost because the Landlord would not have given us the tenancy had she known or would have put us in a different flat. They had a solicitor who was an east end sleezebag and hit us with five grounds, one of which was bound to stick and that was the one. We had paid the back rent and Citizen's Advice people said we would be OK, but that is all they knew.

I wish now we had tried to work something out with the landlady, she had another flat she said we could have gone to but we liked the one we took.. So we were hard-nosed with her and lost out.

It would be an asshole thing to do but if the tenant signed the lease knowing she was pregnant it's kinda her fault for putting herself in that situation. But IMO it would take a real asshole landlord to do that.

The problem here is the boyfriend. Im sure that the lease states that anyone residing in the apartment must be approved by management and added to the lease or it is a violation of the lease.
If the manager decides to evict you it will be for having an unauthorized tenant (the boyfriend) and not because of the baby.

You have to read the terms of your lease as indicated.

Generally, you are supposed to list all the names of the individuals to be residing in the unit, as well as amount and types of pets, if applicable, on the actual lease. You didn't mention how long you have lived there, as to how many months pregnant you were at that time you signed the lease. I believe by law, the landlord would be descriminating against you if they asked if you were pregnant. People are treated much differently than pets, for instance! If you brought in a do, for instance, in a "no pets permitted" building, they could ask you to leave or get rid of the dog!

Babies usually stay with the mother or parents in the same room when first born. I don't see how the baby would pose a big problem for that reason.

Most leases are for a one year term, and then subject to renewal. sometimes a landlord opts to go month-to-month, with the terms of the lease still in place, after that first one year lease term expires. Then it gives the landlord the option to raise your rent because the actual lease has expired, even though the terms are still valid.

When you add or remove an individual (or pet), you are supposed to notify the landlord. This is actually for your protection as well. If, for instance, you add an individual and they are aware of that and have approved, then you won't be in question such as now, with your "rights".
Right now, for your information, if you and your boyfriend decided to split up (which I hope wouldn't happen!) you would be in the right to ask him to leave because his name is not on the lease, which is considered a legal document at that point. (That may not be a good thing for him!)

I don't believe by law, any landlord or owner can ask you, let alone evict you, if you are found to be pregnant. The added individual (your boyfriend) that you brought in, could be an issue, if they really wanted to push the envelope, but you mentioned that your lease does state "two people".

If a landlord really wanted to "get rid" of a tenant, they have all kinds of sneaky ways to get around it, without descriminating. They just have to "be creative". I don't think that's your case. I worked once for a landlord like this. If your landlord was that uncomfortable with your arrangement, I think they would have said something by now.

If, though, nothing has been said up to this point, and I would imagine that the landlord has seen your boyfriend on the premises, I wouldn't volunteer the information. If asked, you could say that he's your guest, and then if requested, add him to your lease at that time. Guests generally stay up to 2 weeks to be considered as a "guest". But if the two of you have been paying your rent on time, been low key and quiet, get along with the neighbors, have no one complaining, you should be fine. Most landlords would rather have good, quiet tenants, than noisy, irresponsible ones! They don't like vacancies! No tenants....no income flourishing in!

You and your boyfriend and your baby, once born, may actually want to check the time left on your lease and perhaps consider moving into a two bedroom place, if finances permit.
Sounds like you could use the extra bedroom! Maybe you can even stay in your same building, but move to a larger unit.

Good luck to you both and Congratulations!

You can be evicted, but if I were you I would talk to the landlord. Butter him up first then confess what you've done and ask for his help. It helps if you smile, use his name, ask about his interests and find something you are both interested in before you even mention what your situation is. If he gives you your notice, find a 2 bedroom place for the three of you.

Of course its in black and white.

I think they would be within their rights to serve you notice to leave the property.

The answer is yes but not without obtaining a court order. In the instance the Local Authority must be informed. They have a duty to ensure that the baby is housed. Without question the duty is to the baby but they will not want to care for the baby so they will help you. A ASHT does not mean that you can't have children. The fact that your partner is living with you may have some bearing on this. DO NOT MOVE OUT WITH HAVE A NOTICE TO QUIT and a court order with a date for possession. Go to your Housing Aid office ASAP. I repeat, do not leave your accommodation, you have rights and if you leave you will have given them up

The boyfriend is out...the law is on the land lord side on this one. The lease was specifically for 2 people, and the baby takes presidents over any boyfriend. As for the mother, she also could be out, since when she signed the lease, she was pregnant, and the baby even though was still inside her, counts as two people and she could already have broken the lease and be evicted. Sorry to state the news harshly, but it is the truth. Let the boyfriend leave, and keep the tenant and the baby safe.

You say "sole tenant" if she knew that why is boyfriend there?

The answer to your question seems to be yes.

.

Hate to say it but she is out of there if the landlord wants her out. if she talked with landlord and worked something out, like maybe pay a little more (boyfriend could help). The landlord my even have a larger place she could rent. The law is on the landlords side.

I'm sure she could come to some arrangement with the landlord if she discussed the situation with him. A landlord with a good tenant who is paying the rent, is no trouble, and keeps the place nice would not want to evict a tenant because of this - unless it's in his property lease somewhere that he cannot have more than 2 people there. Speak with him, surely he isn't an ogre.

get a copy of your states landlord/tnenat act. call courthouse they can tell you where it is available

She wouldn't need to declare she was 8 months pregnant, it would be pretty bloody obvious!

But yes, the boyfriend could be evicted because he is not on the lease.

It is your place, you can do what you want to. When is the lease up? If it states in lease no more than 2 then you have a right to evict her because she violated the lease terms. I would confront her or if you prefer not to then just send her a notice telling her she violated the terms of the lease and has to leave.

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