Evicted During Pregnancy? Answers To Common Questions

Pregnant or not, eviction is a terrifying prospect for many individuals. If you're facing eviction while pregnant, however, you may have some specific questions related to the process. Below are answers to three common questions related to eviction during pregnancy.

1. Is It Legal to Evict a Pregnant Woman?

Short answer: Yes, as long as she is not being evicted just for becoming pregnant or growing her family.

Pregnant or not, tenants have to follow their rental agreement. So, if a tenant is failing to do so, either by failing to pay rent, damaging the property, or otherwise blatantly breaking the rental agreement, it is absolutely legal to evict, no matter the personal circumstances of the tenant. Of course, it is possible to illegally evict someone, including pregnant women, if the reason for eviction is discrimination based on their familial status.

2. How Can I Prove the Eviction Was Due to My Pregnancy?

Short answer: Providing proof can be difficult, but with the help of a housing discrimination attorney, you can learn what constitutes proof and how to go about collecting it.

Unfortunately, many discrimination cases become he-said-she-said. There are certain kinds of evidence you can provide, however, that can strengthen your case. For example, perhaps your landlord has sent you text messages, emails, or letters that contain a slur against you or your family, or that state the true reason for your eviction (your pregnancy). You can also use the rental agreement as evidence, especially if it mentions illegal practices within it, such as limiting the number of people per bedroom to below the federal standard.

3. If I Cannot Prove Discrimination, What are My Legal Options During the Eviction Process?

Short answer: The majority of states provide tenants with a number of legal protections throughout the eviction process.

To learn more about your options during the eviction process, it's best to speak with an attorney who's knowledgeable about the rights of tenants in your area. One legal option which may be particularly helpful for pregnant women is an extension in occupancy time. While many states require landlords to give notice to their tenants prior to eviction, it may be possible to request an extension. This will give you more time to look for other housing options, pack, and get everything squared away before you're forced from your current home.

For more information, contact The Law Offices of Douglas F. Fagan or a similar firm.