Is it ok to choose your tenants?

Question

For example...a landlord cant discriminate, but is there some legal issue with NOT advertising, but then going and choosing your tenants? For example...there are lots of people looking for places to stay, so if you went and offered certain people the option to come by and see your place, but you didnt do this to everyone, would this be a problem?

Theresa Harris · Answer

There is nothing that says you have to advertize it or where you have to advertize.   If you know of someone looking for a place, let them know you have one for rent.

John Shepard · Answer

Well we are moving into a new little triplex this month that we found because the landlady/owner doesn’t advertise. Two or our good good friends live there and do most of the maintenance and day to day management for her since she has gotten older and has moved off site to live with her daughter. She didn’t want to advertise and deal with having to do through all that and apparently never has. She always has just rented to people she either knew or who were recommended by current tenants. It’s an old building but solid and cute. we were looking for something while we get everything all set up to buy our own house AND inherit my husband’s mother’s house. no application, no fees, no pet fee or pet deposit. Just a $400 deposit and $850 a month. Our only neighbors are two of our best friends and another guy we know through friends. honestly I hope she doesn’t die because I don’t want her kids or some investor or developer to end up getting the place and trying to kick us all out. That’s a real scourge in this entire neighborhood area..someone overpays for old bungalows or old triplexes or four units then they evicts everyone and tears it down to build “luxury condos”. it’s absolutely devastating to the neighborhood because most of these people are working class Hispanic families. Many have two or three generations in one household, pets, home businesses or multiple odd side gigs and second jobs—many have little to no credit because they use cash, have not been in the us long, or are undocumented. A few receive benefits so one person can care for the kids/older relatives while the older kids go to school and work one or two jobs and the other older adults work one or two jobs AND have the second home businesses or side gigs. they get a 30 day notice with no warning and don’t want to deal with the legal system or don’t know their rights or have language barriers so they end up with relatives or in cheap motels because no one will rent to them for one reason or another (benefits, pets, no ID, no credit). It’s happened to at least six families I had gotten to know. Those homes are either gone or being demolished and are now empty open wounds on the neighborhood. But soon they will be hideous townhomes that hipster yuppies will pay $1500 a month to RENT. The kind of people who don’t bother to say hi to the neighbors and who post on nextdoor about all the things they don’t  like about “what the low income Hispanics do.”

Joe Splitrock · Answer

I do choose tenants. Just because someone applies doesn't mean they get approved. The problem is most of the people on Facebook who are looking for a place to live are having problems getting approved. Even though they may appear great on their Facebook profile, you have no idea how they take care of their home or manage their finances. Financial screening is necessary whether you advertise or not. In my experience, people with good credit and good jobs, don't bust holes in walls. That is because people who are good at managing their finances are also responsible in other areas of life. Give me someone with a credit score under 500 and guarantee that house will be trashed when they move out.

Bottom line, choose your tenants based on screening criteria. Here is an example:

Credit score over 650

Income 3X rent and 2 years at current job or similar career

Two positive landlord references

Greg H. · Answer

If a landlord owns 3 or less rentals or lives in a duplex/fourplex, they are exempt from the Fair Housing law and actually can discriminate.  They may not discriminate in any advertising nor may use an agent

DISCLAIMER: I am not advocating discrimination but just stating the statute

Eron A. · Answer

Well, if you like to choose your tenants, you wouldnt advertise. Yeah, Im wondering if its violating the law if you dont advertise and you choose your tenants.

Facebook, Roomie sites, Craigslist, etc.

Well, to give more detail, if you advertise, there is no telling who you might get. You might get someone who will literally tear up your whole place....bust holes in the walls...tear the door off the stove...knock the fridge over...LOL...or anything. And of course you cant discriminate if they come to you, AND I WOULDNT discriminate. But....if you see someone who gives you the impression that they might be a great tenant, and you see them looking for a place, you might want to reach out. Now, say another person is always on facebook arguing and fighting with people over dumb stuff, acting crazy, lying on people and doing all sorts of things not becoming of someone decent..........you might see that they are looking and not reach out to them.

Joe Splitrock · Answer

@Eron A. I am not sure why you wouldn't advertise? Can you give an example of where you would go to offer housing and what do you mean by "certain people". If your definition of "certain people" violates a HUD protected class, then that is discrimination. Not advertising could mean you don't get caught. Just to be clear "not getting caught" is different than "not violating the law". I think if you explain more detail, we can better help you.

Is it ok to choose your tenants?

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