Can I reject this couple's tenant application?

Question

I own a single house with two separate residences (separate everything).  The upstairs is rented to an extremely nice couple, quiet, they have the garage and much nicer overall setup so they pay $1200/mo.  Basement suite is $800/mo.

I met a couple today for the basement unit.  She has an air about her which is demanding and bossy, he comes across as Mr Penny Pincher and he looks aggressive.  I got a bad vibe especially when he said that right down the street his 14 and 9 year old daughters live, he wants to bbq outside all summer, and use the lawn. The basement suite has 1 bdrm.  It's going to be too much commotion to have this guy and his whole family coming over to play football and have bbq outside, when the main floor has to deal with all of them.

Can I reject this guy based on what grounds?  Can I say that the basement suite is only available for not more than 2 persons, thus eliminating his kids from coming over, thus making him not want the place?

Hope that makes sense.  Appreciate any advice. Thanks!

Account Closed · Answer

You can't stop people from having their kids visit. The kids aren't going to live there, and even of he moves them in, you can't do anything about it.

I have it in my criteria that I can reject anyone who bullies me or tries to intimidate me (it's unfortunate how many applicants can be rejected on those grounds). I also have it in there that I reject anyone who complains excesively about their current landlord.

You can call the current landlord an ask if the tenant is noisy (never say the word "kids" when you are speaking to anyone), if there have been any complaints from the neighbors, if there was any damage done, how they are to work with.  Even the slightest negative and you can legally reject them for unsatisfactory LL reference.

My written criteria is very long and complicated, specifically so I reject people who give me a bad feeling, yet don't have any major flaws in their application.

I've gone so far as to actually ring doorbells and speak to their current neighbors when I could find a legal reason to reject. If they are trouble, at least one of the neighbors will give you an earful.

Brian Green · Answer

In Arizona, it is clearly defined how many people to a bedroom.  Check your state laws.

Andrew Urban · Answer

Exactly.  It sounds like you have not said yes to them yet.  And even if you have said yes if the rent or deposit is not in your hand you can always rent to someone else.  You just cannot discriminate against anyone.  My rental application is very airtight when it comes to all these issue if you want to take a look it’s posted on my blog, which is life.urbanandrew.com.  The better your interview questions and the better the application, the less legal trouble you can get in for just saying "I don't think this person is a good fit for my rental"

Michael Rogers · Answer

The Landlord's Legal Guide is a great book.  I recommend it to anyone that is looking for a good $40 legal reference for common legal questions.  You may want to get a copy of it.

Aly W. · Answer

I have a copy of Every Landlord's Legal Guide by Nolo. It mentions that you can reject an applicant based on your gut feeling , i.e. the applicant is a "creep", as long as that feeling is not based on race, color, religion, etc. Your screening process has to be based on objective business criteria and fairly applied to all applicants.

This book is an excellent resource and goes into many details covering tenant screening and selection.

Aly W. · Answer

Could goodvalley tell the prospective tenants that he has just accepted the first qualified applicant from those who had applied before this one, and will now return their application fee?

Eric Wang · Answer

Like Beachbum said, "info needs to be provided to all applicants, up front, or you are asking for trouble."

We are very up front, so this way they are aware.  One of our unit face a busy street, we let them know, you might want to consider the noise.

During the sceeening, I always ask who will be living here and inform them only x number of people can live in the unit.  If they have more people, it will cost an extra $100 per person.

With people who are demanding and bossy and ask will you change this or upgrade this, etc...I just tell them NO.  If there is something you don't like, thats something you need to consider.

Tenants are allow to have vistors and people sleeping over.  If there vistors are staying more than x number of days, we charge a fee and landlord needs to be informed.  It's in the lease agreement.

We also explain the parking situation.  Only cars registered and  functional can park in the driveway and no working on cars such as installing a new engine, minor repair ok, like oil change.

Mr Good · Answer

Hi,

Thanks for your quick response.  I really appreciate it.

If you were in my shoes, would you have told him at the time he mentioned his kids living down the street "sorry I have to tell you that not more than 2 people are allowed in this house".  Is that legal?  I know I am not going to cash their $40 application check or look into their credit, not a chance I have to trust my instincts here.  No way.  I am a fairly good judge of credit and I think they have good credit.  They both have decent jobs and he said he knows the credit report will come back good.  Assuming their credit is good, I want to deny them based on this issue of two kids down the street and all her friends and taking over the property, etc.  It really is suitable for a single person not dad, girlfriend, teenagers and neighborhood bbqs.

Aside from questions above, can I specify legally that not more than 1 car belonging to tenant can be parked on the property overnight?  I may do that.  This is a great deal at $800, no shortage of interest...

I appreciate the help from this forum!

Richard F. · Answer

Once you have accepted an application, it's a little too late to be establishing approval criteria. This info needs to be provided to all applicants, up front, or you are asking for trouble.

Having said that, have you even looked at his credit report or prior references? Have you verified employment, income, and any other info you did obtain?

There is a concept (and Law) called "Fair Housing" that you need to study.

Good Luck.