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Thread: Can landlords evict you for being transgender?

  1. #1
    Rock Star In The Making JennyA's Avatar
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    Can landlords evict you for being transgender?

    My roommate is trying to transition. The only problem is that she lives next door to her landlords. They are a 60 year old married couple straight off the boat from Greece a few years back. She has come out to her family, but won't go outside dressed to do yardwork or go to the store. I'm further along then she is and I left my family in January so that I could live full time as a female. The problem is that she is paranoid and won't let me be outside if I look too female.

    She thinks that her landlords will kick her out if they see her or myself dressed. It's upsetting to both of us. For one, I spent weeks homeless just so I could pursue this and now I'm trapped again. And she hates having to ask me to tone it down and not be able to dress herself.

    I think she is being paranoid. The rent is month to month with no lease. By law can the landlords kick her out if they don't like her sexuality?

    If they wanted to kick her out and get around any law couldn't they make up a different reason or raise the rent by a lot to force her out?

    I guess I'm wondering what the legalities are for the situation she and I are in.

    Thanks
    Jen

  2. #2
    :) Post-Op Hippie Chick CharleneT's Avatar
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    I'd guess that the laws on this issue vary by state. Here in Iowa being trans is a protected class, and so eviction based on it would not work. Other places, it might be ok. But the more important thing is they can also just make up reasons .... especially without a lease, you have little protection in that regard. Consider going to your court house and asking about a local tenants rights group. Often there is some group who helps out with such things and they could answer your questions. If there is a Law School nearby, they probably have a free lawyer clinic where you could inquire. Even if there is no lease, there are basic rights granted to renters.
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  3. #3
    Be free - overcome fear!
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    The short & simple answer is 'Yes, landlords can evict you for being transgender', however in most states
    & countries around the world it is against the law & a violation of equal opportunities & human rights laws
    to discriminate & evict a person because of their sexual orientation or gender identity.

    So you have to check with your state's laws to know exactly where you stand.

  4. #4
    Psyco Roller Derby Doll. Katesback's Avatar
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    I think what has been said previously is important. What I want to add though is that if you do decide to transition from the day you present female you should be quick to be sure to do that 100% of the time.

    What I mean is that is it really really hard for people (including me) to see a boy one day and a girl the next day over and over again. It is just a really strange mental thing.

  5. #5
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    Another perspective - why do you want to support people (your landlords) who you feel would persecute you? Especially in this economy, there are often many rental opportunities that would provide you with a safe, non-judgemntal environment. By way of example, my landlords in Chattanooga TN (the buckle of the bible belt) are a lesbian couple. I could not have dreamed of a more accepting couple. You just need to do your homework and not compromise your self esteem

  6. #6
    Isn't Life Grand? AllieSF's Avatar
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    As everyone else has said, look at your local laws. Depending on where you live now, there may be a renters advocate group who know all the laws and regulations regarding renting and Renter's, as well as, Landlord's rights. Even if there are laws protecting you as a transgendered person, you should be very aware of the rental laws. Here in California, on a month to month lease, written or verbal, the Renter has to get a minimum of a 30 day notice before leaving. Also month to month agreements are made usually to give both parties the right to terminate the rental for whatever reason, without explanation. If you had a year to year agreement, the Landlord could still terminate the agreement without reason after the yearly agreement ends with proper notification.

    All that being said, it appears to me it would be in your roommates best interest to broach the subject with the Landlord and see if she can convert the agreement to a long term one, if that is what she wants. Otherwise, if her fears are correct about the Landlord, the Landlord will probably tell her that she cannot continue living there and probably would have no obligation to tell her why. So, I recommend that both of you look for a more accepting accommodations that fit your budget and other needs. I wish you both good luck.

  7. #7
    Rock Star In The Making JennyA's Avatar
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    Quote Originally Posted by Katesback View Post
    I think what has been said previously is important. What I want to add though is that if you do decide to transition from the day you present female you should be quick to be sure to do that 100% of the time.

    What I mean is that is it really really hard for people (including me) to see a boy one day and a girl the next day over and over again. It is just a really strange mental thing.
    My boss at work won't let me dress in female mode. As soon as I get home I shower and change. It's kinda a bummer though because it only leaves me from about 7pm till bedtime to feel normal.

    And yeah I don't like like supporting the landlords, but I do have the support of a TG roommate which is nice. I can't wait to move out to my own spot, but I was recently homeless and now I'm not which is fantastic, plus I'm having trouble keeping any type of savings for a security deposit for my own spot.

  8. #8
    Aspiring Artist Kelly DeWinter's Avatar
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    As a former Realtor, I can say absolutlly NO, there is national and state laws against Gender descrimination in Housing. That being said, they can ask a tenate to leave based on the color of her car, or any other inane reason they can think of. It's a crazy world !
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    She is right to feel as she does, and in her situation I'd feel the same way. You might want to consult a lawyer about the specifics in your state, but if you don't have a lease they can usually give you 30 days notice to get out for any reason. Even if there is a TG protection law, like all such laws, I wouldn't rely on it to protect you.

  10. #10
    Aspiring Artist Kelly DeWinter's Avatar
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    Melody

    You are wrong. She lives in Ohio and it is illegal to descrimate in housing based on gender or family status. It takes a court order to get an eviction order signed by a judge, and a sherrifs office to serve an eviction. Neither of which is even remotely possible. In Australia I don't know.

    Kelly
    Last edited by Kelly DeWinter; 04-27-2011 at 03:13 PM.
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  11. #11
    Living Dead Girl Schatten Lupus's Avatar
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    The legalities depend on the state. Here in Indiana it is legal to do so.
    However to evict a tenant the landlord must get a judge to sign an eviction notice. It can either stop here or go on, depending on the judge. I do not know Ohio law though, so you need to look into this yourself.
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  12. #12
    Rock Star In The Making JennyA's Avatar
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    Thanks for the responses. I think the biggest 'loophole' for the landlords would be to evict us for one reason that is valid, but the real reason is the TG.

    Hopefully this is all a mute point soon. I look everyday on craigslist for a new place and its only a matter of time before i move. If only it wasn't for those dang security deposits.

    I can't wait to find a 1bdroom joint. I have no place to practice singing or my stand up comedy. I sold my car and that's where I used to sing and talk to myself. Plus my roommate is really quiet and weird about noise.

  13. #13
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    Quote Originally Posted by Kelly DeWinter View Post
    You are wrong.
    Why am I 'wrong' Kelly when is all I said is 'Yes, landlords can evict you for being transgender'
    which is a possible scenario & fact we might have to deal with I did NOT say at any point that
    it was OK or legal for landlords to discriminate this way. Some landlords have little regard for the
    law or they don't understand or know about new laws that now protect us.

    This was the case with a former house-mate who tried to discriminate against me & wanted to
    kick me out when I decided to transition, until I contacted my state Anti-discrimination board
    & filed a complaint. They sent out the relative claim forms & information brochures of the type
    of discrimination I was dealing with. I left these information brochures on the table for my former
    house-mate to read. When he seen them on the table he got the shits & threw them everywhere
    & got angry at me, saying he didn't care about the law. So that is when I laughed at him & told
    him that I knew my rights & I was refusing to move out & I would defend myself if I was forced to
    if he ever tried to physically attack me. He backed down because I am a fair bit bigger than he
    is. But he didn't stop there, he even tried to set me up to be intimidated & bashed up by his mates
    one night. Luckily this stunt back-fired on him and the guys he set up to give me a hard time ended
    up really respecting me. In the end I still ended up moving out because I didn't want to live with a
    person that still had serious personal issues about being 'bisexual, but still in the closet' to deal with.
    Honestly I am so happy I decided to leave in the end, I wound up in a much better place in the end.
    Last edited by Melody Moore; 04-27-2011 at 06:56 PM.

  14. #14
    Aspiring Artist Kelly DeWinter's Avatar
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    1. the OP question was "Can landlords evict you for being transgender?"
    2. She reffered to her roomate and her landlord living next door, so the question related to her situation.
    3. The OP lives in Ohio United States
    4. It is illegle to discrimanate based on Gender in the state of Ohio in the United States.
    5. No court will sign an eviction notice based on Gender either Male,Female,Transgender,Crossdressers, etc,etc,etc ad infinitum.
    6. No sheriffs office will serve such an eviction order.

    Therefore QED "You are wrong"

    and

    As I said, in the land of Oz, it seems that according to your experiences it is different, but that does not make you correct in the original poster question in relation to living in Ohio. Please read the OP message for clarity.

    Quote Originally Posted by Melody Moore View Post
    Why am I 'wrong' Kelly when is all I said is 'Yes, landlords can evict you for being transgender'
    which is a possible scenario & fact we might have to deal with I did NOT say at any point that
    it was OK or legal for landlords to discriminate this way. Some landlords have little regard for the
    law or they don't understand or know about new laws that now protect us.

    This was the case with a former house-mate who tried to discriminate against me & wanted to
    kick me out when I decided to transition, until I contacted my state Anti-discrimination board
    & filed a complaint. They sent out the relative claim forms & information brochures of the type
    of discrimination I was dealing with. I left these information brochures on the table for my former
    house-mate to read. When he seen them on the table he got the shits & threw them everywhere
    & got angry at me, saying he didn't care about the law. So that is when I laughed at him & told
    him that I knew my rights & I was refusing to move out & I would defend myself if I was forced to
    if he ever tried to physically attack me. He backed down because I am a fair bit bigger than he
    is. But he didn't stop there, he even tried to set me up to be intimidated & bashed up by his mates
    one night. Luckily this stunt back-fired on him and the guys he set up to give me a hard time ended
    up really respecting me. In the end I still ended up moving out because I didn't want to live with a
    person that still had serious personal issues about being 'bisexual, but still in the closet' to deal with.
    Honestly I am so happy I decided to leave in the end, I wound up in a much better place in the end.
    Kelly DeWinter
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  15. #15
    Momarie GG Momarie's Avatar
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    In Missouri, if said landlord owns four or less apartments/homes/units including his own home, he has every right to discriminate.

    Oh and Kelly,
    As a current Real Estate Broker, you need to go back to real estate school.
    When's the last time you took a C.E. class?
    Last edited by Momarie; 04-27-2011 at 08:37 PM.
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  16. #16
    Member Jessinthesprings's Avatar
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    It does depend on the state as far as laws go. Colorado passed a very inclusive trans friendly law. unsure about houseing. However, Maryland recently failed to pass a law that would protect housing and employment. Thankfully money talks. If you had a boss that always got you a paycheck would you quit becasue you hated his blue eyes? long story short landlord's need for a paycheck will likely overcome bigotry. As long as you keep to yourself, make timely rent payments, and follow the requirements of your lease to the letter you will unlikely have a problem.

    However, like many before have said why live there wehere you feel descriminated against? Of course it could be all in your mind. Just because they are first generation immagrants does not mean anything. In fact they may even have some sympothy because I'm sure they have faced their own descrimination.
    Last edited by Jessinthesprings; 04-27-2011 at 08:50 PM.
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  17. #17
    Aspiring Artist Kelly DeWinter's Avatar
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    In the United States, Federal Law trumps State Law. States like Missouri typicly will not pass a state law gaurenteeing what Federal Law already protects. Below is a link to Federal Housing Laws which prohibit Gender Discrimination.

    http://public.findlaw.com/civil-righ...tion-laws.html

    I know federal and state law.

    If a defendent suspects or has proof of gender discrimination, he or she can file a lawsuit in either state or federal court. It's better to have proof to win a lawsuit, or you can take your chances with a trial by jury.
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  18. #18
    Momarie GG Momarie's Avatar
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    You miss the point Kelly.
    In Missouri, if a LANDLORD owns four or less units including his own, he is not obligated to know or obey discrimination laws.

    You may know state and federal law, but you sure don't know Real Estate.
    [SIZE="4"]Momarie[/SIZE]

  19. #19
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    Lady's, please!

    Heres the deal. do they or do they not want your money? they can probably kick you out for no reason at all but they will have to call the police and they will have to get a court order and they will have to wait 30 days at least and then the sherif post a notice and blah blah blah. if they are first generation immigrants their probably just as ignorant about the laws as you are and think that they can just tell you to leave whenever they want I'm sure that if you inform them firmly but politely what the laws are they will not want to deal with that. and will either give you a reasonable amount of time to find new accommodations or simply keep taking you money as it is the easiest and most profitable option for them.

    Aside from pure bigotry, do you actually have a reason to think they would even care?

    It never even occurred to me to ask or be concerned about what my landlords would think about me coming and going dressed however I want, I mean it's not like I look like a hooker but even if I did what business is it of theirs as long as I'm not breaking laws or being a pest. I won't go in the apartment complex office unless I'm dressed as a female now even though when I rented the place I did so as a male. They have been nothing but nice and polite and do their best to use female pronouns, I don't even think they remember my male name.

  20. #20
    Platinum Member Eryn's Avatar
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    Quote Originally Posted by ReneeT View Post
    why do you want to support people (your landlords) who you feel would persecute you?
    Hmm, isn't acting based upon what you feel people *might* do called "prejudice", as in "all older Greek people are prudes?"

    Perhaps a private chat with the landlords might be in order to prevent any surprises.

    With most landlords, as long as the checks arrive promptly and you take good care of the premeses they don't worry what you do.

    Oh, and if you're on a month-to-month basis, either party can end the agreement at will. Your flexibility to leave at any time is matched by the landlord having the flexibility to have you leave at any time. It's only fair.
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  21. #21
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    Quote Originally Posted by Kelly DeWinter View Post
    As I said, in the land of Oz, it seems that according to your experiences it is different, but that does not make you correct in the original poster question in relation to living in Ohio. Please read the OP message for clarity.
    Kelly, you are not getting my point & seem to be trying to create an argument over nothing here.

    I did read the original post & they OP states... The only problem is that she lives next door to her landlords. So the
    thing to remember is they might share the same property boundary since her place is also right next door to the owner.

    The point I was making is they 'can' if they choose to discriminate against you. I am not saying that it is legal to do
    so. And as also pointed out by Jamie is that under certain circumstances where they also share the same property
    discrimination laws have no effect. This is mostly in situations where you share the same property with the landlord.

    A landlord can if they choose to discriminate against you for being transgendered, but don't have to give any reason
    or indication that this was the real motive for evicting you. So you got to remember that transgender discrimination
    can be covered up. They could if they wanted decide not to renew your lease & give you notice on the grounds they
    want vacant possession of the property for their own purposes, or for renovations etc. To prove discrimination after
    you transitioned, you would have to prove that your landlord was good to you in the beginning, but then show how
    they became rude & obnoxious to when you transitioned then discriminated against in the basis of your change of gender.

    I don't imagine that would be easy to do Kelly, so in some cases landlords can discriminate against you & get away
    with it. But the best way to avoid eviction is be a very good tenant & don't give them any reason to want to evict you.
    Last edited by Melody Moore; 04-27-2011 at 10:44 PM.

  22. #22
    Aspiring Artist Kelly DeWinter's Avatar
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    Jamie;

    Oww that hurts, I guess I'll have to turn in my Real Estate Licence. My Broker would go nuts if he found out I was not qualified to sell all of the homes I have over the last 5 years. Not to mention the Rental properties that I manage for clients. The point is ANY Landlord IS obligated in ANY state to know AND abide by Federal Law. The defense "I did'nt know" has been tried may times in the past, and consistantly local,state and federal judges have ruled that "Ignorance of the Law is NO excuse". Just because you don't know about a law will not stop you from being prosecuted for violating that law. When I checked earlier today Missouri was still part of the United States, unless something has happened in the last couple of hours that has made Missouri an independent nation or an part of another Country like Mexico or Canada, then Federal law still applies. If ya'll have become an independent nation, I would love to be Queen of Missouri.

    Can we kiss and make up ?

    Best wishes Kelly
    Last edited by Kelly DeWinter; 04-27-2011 at 10:52 PM.
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  23. #23
    Aspiring Artist Kelly DeWinter's Avatar
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    OK you 'win'.

    Quote Originally Posted by Melody Moore View Post
    Kelly, you are not getting my point & seem to be trying to create an argument over nothing here.

    I did read the original post & they OP states... The only problem is that she lives next door to her landlords. So the
    thing to remember is they might share the same property boundary since her place is also right next door to the owner.

    The point I was making is they 'can' if they choose to discriminate against you. I am not saying that it is legal to do
    so. And as also pointed out by Jamie is that under certain circumstances where they also share the same property
    discrimination laws have no effect. This is mostly in situations where you share the same property with the landlord.

    A landlord can if they choose to discriminate against you for being transgendered, but don't have to give any reason
    or indication that this was the real motive for evicting you. So you got to remember that transgender discrimination
    can be covered up. They could if they wanted decide not to renew your lease & give you notice on the grounds they
    want vacant possession of the property for their own purposes, or for renovations etc. To prove discrimination after
    you transitioned, you would have to prove that your landlord was good to you in the beginning, but then show how
    they became rude & obnoxious to when you transitioned then discriminated against in the basis of your change of gender.

    I don't imagine that would be easy to do Kelly, so in some cases landlords can discriminate against you & get away
    with it. But the best way to avoid eviction is be a very good tenant & don't give them any reason to want to evict you.
    Kelly DeWinter
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  24. #24
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    Jen --

    The Cleveland Tenants Ass'n (your county?) purports to be interested in this kind of dispute and will probably provide more accurate advice than those of us from other jurisdictions. Their number is 216 432 0617. I handled a case like this in PA some time ago, before fair housing laws, and my sense is that Aprilrain's advice is very much on target. Good luck.

    Maryellen

  25. #25
    Silver Member AKAMichelle's Avatar
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    Colorado is protected as well. Just check the laws and if you aren't protected then you should probably move.
    Michelle

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