Help! Accepting Applications + Discrimination Lawsuit

[Jordan Mandel]

TL;DR - The first application I accepted for my new rental is from my second choice of potential tenants. Am I risking a discrimination lawsuit if I don't provide this tenant the first opportunity to rent? 

- I accepted an application (no lease drafted) from potential tenant #1. Application was fine. Good enough credit (over 720), carrying some debt, clean background check, etc. Rent will be paid using monthly funds received in divorce settlement. Can afford to rent this home based on income provided.

- Tenant #2 comes around and appears to be a slightly more qualified applicant. I'd prefer this tenant, but already had tenant #1 submit an application.

[Nathan Gesner]

I recommend you offer the home to the first qualified applicant. If you truly vetted them, you know they paid their last Landlord on time, they meet your income and credit requirements, and should be qualified for the home. Just because Applicant #2 has a slightly higher credit score and a little less debt doesn't mean much. If it's a difference between 675 and 810, then maybe you would have a point.

Go with #1 and give them 24 hours to put down the deposit or you will offer it to #2.

In the future, consider operating on a first-come, first-serve basis and offer the home to the first qualified applicant.