BoatShoes wrote:
NNN wrote:
, it's not legally enforceable to evict or otherwise collect from someone on the basis of violation of the lease if the clause itself is illegal or discriminatory in nature*.
I agree and I said this in my post. But, I pointed out that in some states a clause saying "don't be gay" could technically be enforceable because in these states sexual orientation isn't a protected class...hence, you can discriminate against allowing gays to live in your apartment just like you can discriminate against 14 year olds from driving semi trucks...nonetheless, if there was actually such a clause...there's a good chance a Judge wouldn't enforce it because it's just so, right out there in the open. Hence...landlords aren't saying..."you can't be gay and live here" Or, "What, you guys are gay!??...you violated the lease...get out"
It's like you said in your post...they could say they violated some broad lease term such as "disturbing quiet enjoyment of the property" when in reality they just don't like gays...
It doesn't work that way though. 14-year-olds can't drive anything bigger than a go-kart or moped because it's detrimental to public safety, and there are restrictions on those vehicles for the same reason. Pedestrians aren't allowed on the interstate for the same reason; it's not discriminating against people who would rather walk, it's enforcing common sense safety measures.
Any halfway decent lawyer would mop the floor with a landlord who tries to evict a gay couple for no other reason than being gay. Here's how it would go, even in the states that don't technically classify sexual orientation as a protected class.
LAWYER: Why are you attempting to evict my clients?
LANDLORD: Because they're gay.
LAWYER: Do you rent to heterosexual couples who are not married?
LANDLORD: Yes.
LAWYER: Do you rent to two people of the same sex who are not married and are not in a relationship with each other?
LANDLORD: Yes.
LAWYER: How can you be fine with having either of those types of lease arrangements but not this one?
LANDLORD: (assorted stock answer about not wanting gay couples around)
LAWYER: How do you know that my clients are gay?
Here's the big question. There's no way to answer this that wouldn't go somewhere where the landlord wouldn't want it to go. Let's go one by one.
LANDLORD: They drive Volkswagen Jettas and wear Birkenstocks.
LAWYER: Does anyone else that you don't believe to be gay do either of those?
LANDLORD: Yes.
LAWYER: Then you're saying that one type of person is allowed to drive a Jetta if they're not living with someone of the same sex, but not another?
OR
LANDLORD: They told me that they're gay.
LAWYER: Did you ask everyone else who you lease to if they're gay, bisexual, or enjoy kinky sex?
LANDLORD: (undoubtedly) No.
OR
LANDLORD: I observed them having sex.
LAWYER: Was it out in the open?
LANDLORD: No.
LAWYER: Was it in the unit that they lease?
LANDLORD: Yes.
LAWYER: By what legal means did you enter an occupied unit without notice for the purpose of a random "gay check"?
(hint: there is none. Whatever the landlord may answer with is wrong)
LAWYER: Do you conduct random checks on other couples? Do you enter a unit that has two guys living together as roommates to see if maybe they've busted out a double dildo and are experimenting?
You get the picture.
It is EXTREMELY difficult to evict someone. I know my dad wasn't allowed to even begin the process to evict someone until they'd gone 10 months without paying rent, and lease law tends to define a very narrow scope of what exactly defines "grounds for eviction".
If a gay couple is hosting loud parties on a regular basis, they can be evicted. If they don't pay rent, they can (eventually) be evicted. If they cause property damage, they can be evicted. If their actions are detrimental to safety, they can be evicted. If their actions are detrimental to decency (and this is VERY narrowly defined to include stuff like drug use or various forms of indecent exposure out in the open), they can be evicted.
But there isn't a landlord in the country who would be able to successfully evict a gay couple who is not causing any problems and is paying rent simply for being gay and have it expect to hold up on appeal.