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Is this grounds for my lease being null and void? Pleas

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Is this grounds for my lease being null and void? Pleas

Postby darthsmozers » Thu Jan 09, 2003 4:46 pm

Hi all,
I have a one year lease with my landlady. I am a college student living off campus. My "apartment" is a bedroom in a small "apartment suite" which is part of the landlady's house, but sealed off from the main house. I have an opportunity to move onto campus, and asked my landlady about it. She told me if I "find someone nice" to take my place and continue my lease through the end of its year (May 31st), I could vacate the apartment with no charge.

The first possible replacement I brought in loved the place, but upon meeting the landlady might have changed her mind. The landlady went through every possible negativity about the place (I assume so she can keep me as the tenant and not have to worry about switching, despite her early approval.)

My second possible replacement was an international student who's mother and grandmother (who live IN the USA, and IN the state of Viginia, where I am). They wanted the place and wanted to sign the lease at 8pm yesterday. Upon calling my landlady to ask if she'd be around with a copy of the lease, she refused to allow "a foreigner" to rent the apartment. She went into "I don't have time to teach anyone our laws and our cultures", and "first its one person, then they'll have more people sleeping on the floor", etc. In short, this pissed me off because this was such racial discrimination! My father couldn't reason with her, either, and it was up to us to call this family back and tell them why they couldn't sign the lease. Not only that, but on the phone with my father she even admitted she didn't like "the way the first girl looked" (she had a few extra piercings), and gave even more reasons why she wouldn't let this Asian girl from overseas, whose family is from the local area, sign the lease. She also admitted she'd prefer a girl who "looks like she's from Nebraska" to be the replacement tenant. what does that mean? it means she'd prefer someone like myself or my suitemate: a white, blonde or brunette, wholesome, American Pie girl. How rude!

She refused to meet with this family, racially discriminated against the daughter whom she'd never met, and judged the first girl based on looks. When we argued she gave us permission without guidelines to fine a replacement, and we've spent a few hundred dollars on advertising for a replacement, she said it wasn't her problem."

My question is this: The Fair Housing Act says private homeowners may choose whomever they'd like to be their tenants as long as they do not run a discriminatory ad. So, this would make her OK. But, admitting she's looking for a "certain type of girl" and giving her specifics, wouldn't that be the same as running a discriminatory ad? I mean, this is crazy! She made me the discriminatory party because I had the job of turning this family away because I'm the one trying to find a replacement, not the landlady. Does any of this make grounds for my lease with her being null and void?? She discriminated against my candidates, made me the "bad guy", and is making this impossible for me to find a replacement when she gave me permission to do so, despite my hundreds of dollars worth of advertizing and downpayments for my possible on-campus home.

She has also come into our "apartment suite" when neither my suitemate or I were not home to close/open airvents, etc. And, children living in her house have come into our apartment before, despite her saying the one door between the house and the apartment is blocked by a large bookcase...

But, not only these minor things: the issue with the discrimination:

Does anything here make my lease with her null and void so I may cease payment to her and get out of there? This is disgusting...

Someone please email me and help: Jsmo2283@yahoo.com

:(
darthsmozers
 
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Re: Is this grounds for my lease being null and void? Pleas

Postby Chimera » Thu Jan 09, 2003 9:30 pm

You signed a legal contract, agreeing to pay this woman rent on a monthly basis through May 31. Her actions after this fact do not make the lease null or void. She is within her rights to refuse to admit a tenant into her owner-occupied 2 family home, no matter how rude or disgusting you think this is. You are angry at this woman for giving you strict parameters for a subletter, but she doesn't have to give you permission to sublet in the first place.

My question is this: The Fair Housing Act says private homeowners may choose whomever they'd like to be their tenants as long as they do not run a discriminatory ad. So, this would make her OK. But, admitting she's looking for a "certain type of girl" and giving her specifics, wouldn't that be the same as running a discriminatory ad?
The language of the law is very clear in this case, an ad is an ad is an ad. Sorry, kid, you're outta luck. The best thing for you to do is to find a tenant that you know she'll approve of, or wait out the lease and move on-campus next semester.

<small>[ January 09, 2003, 08:31 PM: Message edited by: Chimera ]</small>
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Re: Is this grounds for my lease being null and void? Pleas

Postby darthsmozers » Fri Jan 10, 2003 3:20 am

That cannot be the end of it. First, please don't call me "kid."

Also, these were her guidelines for offering a sublett: "Find a girl who's nice and is willing to continue your lease until May 31st." For her to then find reasons to not be accepting of any of the two candidates, both for discriminatory reasons, is not something that is acceptable. Yep, the lease was signed by me, but if she gives a broad, verbal permission, then tries to crack down on each one, how is that fair, or even allowed? And, making me be the one who has to turn a family down because she didn't reveal her preferences from the beginning cause me embarrassment and sadness and humiliation, just because "she can"? That doesn't sound right at all...
darthsmozers
 
Posts: 5
Joined: Thu Jan 09, 2003 2:01 am
Location: Fairfax, VA

Re: Is this grounds for my lease being null and void? Pleas

Postby Chimera » Fri Jan 10, 2003 8:37 am

The law doesn't care what you think is right. She is not breaking any laws, and now that you do know what her preferences are, I suggest you follow them, lest you be stuck paying rent until the end of your lease.
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Re: Is this grounds for my lease being null and void? Pleas

Postby darthsmozers » Fri Jan 10, 2003 2:31 pm

The law is sometimes interpreted on a case by case basis, otherwise there wouldnt be changes in the law. It depends if she's classified as a private owner or not. She did advertisze the place, so that may make her eligible for the rules. There are so many loopholes in this its not even funny. but thank you for your explanations :)
darthsmozers
 
Posts: 5
Joined: Thu Jan 09, 2003 2:01 am
Location: Fairfax, VA

Re: Is this grounds for my lease being null and void? Pleas

Postby HAJ77 » Sun Jan 12, 2003 12:25 am

Ah to be young an idealistic, thinking that you can change the world. Well, you can't people are hateful, mean, and discriminatory, but we live in the land of freedom and that includes hateful, mean, and discriminatory freedom.

I suggest you fully and completely understand the law before going ballistic, from what I am reading you've read or heard a bubble gum version of Fair Housing and made many assumptions about. After that, just listen to what the LL wants, why bother fighting a battle for someone else and I can't believe "All-American" girls are too hard to find in Virginia.
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Re: Is this grounds for my lease being null and void? Pleas

Postby consigliere » Sun Jan 12, 2003 12:26 pm

As I read the relevant portions of the Fair Housing Act, an owner who lives in a house with four or fewer units can run a non-discriminatory ad to rent a unit in the house, but can then discriminate in choosing a tenant.
 
However, it's not clear whether the poster lives in a separate house in which the owner doesn't live. If so, the exemption may not apply.
 
And as also been pointed out, unless your lease gives you the right to assign the lease or sublet the unit, you have no right to assign or sublet.
 
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This thread was originally started in New York City - General Discussion and there several replies in that thread.
 
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