Can my landlord not renew my lease because of a new baby?

UPDATED: Oct 1, 2022

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Can my landlord not renew my lease because of a new baby?

I lived at my 2bedroom apartment for 7
years. After my baby was born and i had
my gallbladder taken out, my landlord
tells me she isnt renewing my lease
because its too many people with the was me and my husband, a 79
year old and new baby. Baby is 5 months
old. We had 2 months to move. After we
moved she kept our 600 security deposit
and now is trying to charge us an extra
850. We didnt damage anything. It was
already old when I moved in. Just needed
a carpet cleaning and wipe down maybe.
Can she do this to us?

Asked on December 12, 2018 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What you describe is almost certainly illegal: Wisconsin law prohibits discriminating against people--such as by not renting to them--based on "family status," which would include having a child. (Here's a link to your state's Equal Rights Division--a webpage about illegal housing discrimination It is also illegal to retain a security deposit unless the tenant owed the landlord money for unpaid rent or damage done to the rental unit. Contact the Equal Rights Division: you may well have a valid legal claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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