Pregnancy & Tenancy: What landlords and Tenants must Know!

Updated: Apr 12, 2020

Being pregnant and having a baby is one of life's biggest changes which could have an impact of dramatically change your housing needs. The legal procedures to terminate a lease agreement, and for the eviction of a tenant, are provided in the lease and by law. Where inconsistent, the statutory requirements govern.

From time to time we hear from our landlord's “understanding” of a reason why a tenant cannot be evicted. We have also heard questions from our landlord suggesting their belief that the requirements for eviction are more than what are required by law. Similarly, and more often, we hear from tenants in response to a summons various reasons why in their opinion the tenant cannot be evicted.

An expecting tenant is not by any means protected from legal eviction due to that circumstance if the tenant has failed to pay rent or otherwise failed to satisfy the remaining terms and conditions of the lease. Although a tenant cannot be discriminated against because of the pregnancy, that pregnancy is not a shield to protect her when she has defaulted upon the lawful terms of the lease. This positing extends to parents with small Children because the question always before the court is on whether the tenant has defaulted upon the terms of the lease.

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