Landlord's 'unreasonable' request after tenant has a baby: 'It changes things'
Welcome to legal column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters impacting relationships or work. This week, a landlord questions their rights after a tenant has a baby.
Question
I'm a property investor and I've recently learned that my tenant had a baby and didn't tell me. I feel like it changes things and now there are more people living in the property than when we first made the lease agreement. Did I have a right to be told when she fell pregnant?
Answer
As a property investor, it's natural to be concerned about changes in your rental property, especially when it involves an increase in the number of occupants. If you've recently discovered that your tenant had a baby without informing you, you might be wondering about your rights and whether you should have been notified.
In Australia, tenancy agreements are governed by state-specific Residential Tenancies Acts, which outline the rights and responsibilities of both landlords and tenants. Generally, these agreements specify the number of occupants allowed in the rental property. However, the birth of a child is typically not considered a breach of the lease agreement.
Tenants are not legally required to inform landlords about changes in their family composition, such as having a baby. The Residential Tenancies Acts in various states do not mandate tenants disclose personal events like pregnancy or childbirth. This means that while the addition of a new family member may change the dynamics of the household, it does not necessarily violate the terms of the lease.RELATED
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The situation may be different if an additional family moved in. If, for example, your property is a 2 bedroom, 1 bathroom unit and the lease agreement stipulated one couple but another couple also moved in with their three children – so there are now four adults and three children – that would unlikely be reasonable and would be a breach of the lease agreement.
As a landlord, you do have the right to ensure that the property is being used in accordance with the lease agreement. If the increase in occupants leads to issues such as overcrowding or excessive wear and tear, you may have grounds to address these concerns. It's important to approach the situation with sensitivity and understanding, as tenants have the right to privacy and to live comfortably in their rented home.
Open communication can often resolve potential problems before they escalate. Additionally, you can review the lease agreement to ensure that it clearly outlines the expectations regarding occupancy and property use.
You should be aware that your actions may be viewed as unreasonable and potentially a breach of discrimination laws if you evict your tenants for simply having a baby. These laws are designed to protect individuals from unfair treatment based on certain characteristics. Addressing this matter with sensitivity and ensuring that all parties are treated with respect and fairness is crucial.
This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a solicitor.
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