Chosen by Asker

No, he can't evict you because of the baby until the baby is 12 months old. At that point he legally will have to, you will exceed the legal occupancy allowed. A studio apartment can have only 2 people, however, babies are not counted unless there is more then one or they are over 12 months old.

by Janet P

1 month ago

Asker's Rating: 

Sorry to be the bearer of bad news--without the protection of a written Lease your Landlord can evict you on 30 days notice without showing cause...This is the price you pay with oral agreements--it is 30 days at a time.

by steveko777- 1 month ago

Yes he can. You have no lease and he does not want to baby proof the building. Start looking for a new place

by sassy25- 1 month ago

if when you moved in he said no kids then maybe he is afraid the baby crying will disrupt the Other tenants. is it an illegal apt? if yes that could be it too. are the tenants complaining? he can I think take you to court what will happen i don't know but if its an illegal apt then the judge will make you get out within 2 montsh anyway. see if you can get a 1 bedroom apt for the time being that is what i would do. good luck

by beaches li- 1 month ago

He cannot kick you out because of the baby - HOWEVER, with no lease he can give you 30 days notice at any time and not give a reason. There is no way to fight this. You would only have a case if you had a lease. With a lease they cannot kick you out for no reason. EDIT: OK so many wrong answers! It is illegal to evict you for having a baby Families are protected by federal law for those of you that obviously do not know that! Ranger: I'm in Oregon and 2 people plus a baby in a 1 bedroom IS legal!!

by Wildcat- 1 month ago

You're there on a month to month basis without a lease. You can leave anytime you want, and he can tell you to go anytime he wants. In some states there are laws about discriminating against people because of their family status. I think that if the place is as small as you say, he can limit the number of inhabitants.

by daeve930- 1 month ago

If you have a mate and a baby living with you, Not only can he kick you out, the law in some states, such as Oregon forbid renting to more than two people per bedroom. It is called over crowding and is forbidden. If he doesn't evict you, your mate and the baby, he can be sued by the state and fined. If there is just you and the baby, and no one else in the picture, you should be o.k. until the child reaches an age where the child should have it's own bedroom.

by ranger_co_1_75- 1 month ago

Without a lease it automatically becomes a month to month rental. That means once he gives you a 30 day notice you have to be out by then.

by ~*Mama-of-Two*~- 1 month ago

Without a lease you have no recourse to stay or fight. It sounds like a landlord chopped-up some space and rented the space within a home. That's sounds like an illegal conversion and I would call code compliance on the landlord.

by Encuero- 1 month ago

If you don't have a lease, the landlord can terminate any time with 30 days notice. Sounds like that is what happened, and it is legal.

by gafpromise- 1 month ago