Can you get evicted for crying babies and toddlers throwing temper tantrums?
December 30th, 2008 by adminWe live in an apartment with very thin walls. Could we get evicted if our baby cries a lot (like if he is sick in the middle of the night or something)? What if our 2 year old throws temper tantrums at 7:30am or some such hour?
Yes, I did read the rental agreement, thank you.
No, the toddler does no damage…just to eardrums 
Thank you for your answers, I appreciate it 
The fair housing act does not allow discrimination based upon family or children. However, if your tantrum throwing child causes damage, that could be a different story.
Category: temper : 
December 31st, 2008 at 1:37 am
Not for a newborn but for children having tantrums yes we did are son 5 in june got up evicted from our apartment when he was 2 for tantrums we live in Ca
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December 31st, 2008 at 1:43 am
No. Imagine them trying to explain to a judge why they evicted you. It would be rediculous. Not to mention it'd scream lawsuit. If they did try to evict me I'd threaten to hire a lawyer.
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December 31st, 2008 at 2:09 am
You can get evicted for noise but I doubt they could evict you for having children. As long as you are respecting your neighbours then you shouldnt have any probs
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December 31st, 2008 at 2:29 am
Read your lease. Generally there is a clause in there that says you are supposed to keep the peace and be of good behaviour in the neighbourhood etc. The landlord may try to evict you, but there is a process that they would need to go through. If you want to ease your mind, ring the Residential Tenancies Authority and see where you stand.
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December 31st, 2008 at 3:08 am
You can not legally be evicted for a child causing tantrums. That is imorally wrong. Unless it specifically states in the contract that no noise of any kind will be accepted you can not be evicted for it. If you are, get a lawyer, it would never stand up in court.
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December 31st, 2008 at 3:42 am
Bad News that you guys live in USA in australia its consider discrimination against you– for evicting someone because their child is having temper tantrums. Spartan
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December 31st, 2008 at 4:04 am
Since I didn't read your rental agreement I don't know whether the landlord can evict you. These are things you need to discuss with the landlord, SHOULD have discussed before your signed the rental agreement without reading it which obviously you did.
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December 31st, 2008 at 4:45 am
DEAR
SCENT HURRICANE RITA I HAVE LIVED I A APARTMENT TOO AND THE KIDS UP STAIRS DO THE SAME THING SO THE FATHER SPANKS THEM AND YOU CAN HEAR IT AND NO ONE HAS PUT THEM OUT IT YOU PAY YOUR RENT ON TIME AND NEVER LATE THEN NO ONE WILL SAY ANY THING OK
DEAR JUST A REALLY STRONG NO A POP ON THE BOTTOM ALL THINGS ARE GOOD AGAIN
TAKE CARE
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December 31st, 2008 at 5:27 am
no.
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December 31st, 2008 at 5:41 am
The fair housing act does not allow discrimination based upon family or children. However, if your tantrum throwing child causes damage, that could be a different story.
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