To rent or not to rent to a family with 4 kids?

Question

I previously rented to a family with 5 kids. The home was 2,000 SF with 4 nice sized bedrooms. They rented for 2 years, always paid on time, and kept the home decently clean. When they moved out, the walls NEEDED to be painted, not just touched up. The ENTIRE house needed to be painted from top to bottom including all the ceilings. It ended up costing me close to $3,000, would have been more if I didn't take on some of the work load myself.

Now, I have another rental available. It is 1200 SF with 3 bedrooms. We JUST did a full home renovations (new carpets, new kitchen, hardwood floors, granite) etc....and a family with 4 children under 7 are interested in the home. I feel that they would take good care of the house, but I am worried about the wear and tear the children will put on the home. 4 children is a completely different ball game then 2 kids. What would you guys do? Would you rent to someone with 4 kids and ask for more security? Would you take painting out of security etc? Thanks.

Jeff Rabinowitz · Answer

You may be in need of a refresher course on the housing discrimination laws. If you don't have time to read them yourself call a lawyer. If your only reason for rejecting this tenant is the number of children you may be in for a rough ride.

Jacqueline Carrington · Answer

I also think you should refresh on Fair Housing laws. You also need to read up on security deposit laws in your area to ensure you are collecting the lawful amounts.

I would expect to paint after each new tenant for normal wear and tear, even if it's just touch up painting. I would only charge a tenant if there was actual damages beyond normal wear and tear like crayon/drawings on the walls, holes, big scruffs, etc.

Mindy Jensen · Answer

@Chris S., Please familiarize yourself with the Fair Housing Laws. Once you know them, write down your criteria for tenant screening, and then follow it to the letter. This is one of the best ways to combat a discrimination lawsuit - if you can prove you hold everyone to the same standard and the standard is written down. Bonus points for giving a physical printed copy to each potential tenant along with the application.

Kyle J. · Answer

Like @Jeff Rabinowitz pointed out, you should definitely read up on Fair Housing laws.  It's one of the easiest ways for landlords to get themselves in trouble, and what is being discussed here (i.e. renting or not renting based solely on the children, charging a higher security deposit because of the children, etc) is a clear violation of Fair Housing laws and discrimination based on familial status.

Here's a link to some more information on the topic from your state: http://www.pittsburghfairhousing.org/Fair%20Housing%20Laws.asp

Linval T. · Answer

@Chris S.

Below, is a part of test from the link below blog that talks about setting occupancy levels.

"Set occupancy rates for every unit and put it in writing. It's only logical to want to keep the number of people per unit low to minimize wear and tear, but consistently picking adults without children for your small apartment may get you in trouble with the ‘familial status’ rules."

Please review link below for additional details.

https://www.biggerpockets.com/renewsblog/2008/02/0...

Russell Brazil · Answer

This is a great example of why landlords should be required to take Fair Housing class in addition to real estate agents.

Kevin Harrison · Answer

Touching up the paint between tenants is normal but if the entire home needed to be re-painted including the ceilings as the OP had said I would consider that more than normal wear and tear, that is if the home had fresh or close to fresh paint when they moved in.

On a side note, how in the hell do you siginifiantly mess up the paint on the ceiling?

Crystal H. · Answer

If it's more than touchup paint, yes. Make a part of the security deposit non-refundable. 4 kids is a lot, I'm guessing they can not afford a larger property and a 3 bedroom isn't the best situation but you can protect yourself. Worse case scenario is you need paint. That doesn't sound so bad. Fingers crossed :)

Crystal H. · Answer

A 3 bedroom house with 2 kids in each room I'm guessing and parent(s) in one room. That's not a ton of sqft for that large of a family, in my opinion. Did you dot all your i's and cross all your t's? Can they afford it? Single parent? Credit report? First, last and security? Maybe ask for a larger security deposit. Pets? Ask for references professional and personal. Tough call.

JT Spangler · Answer

The fair and legal way to do what you want is to have written criteria that say no more than two occupants per bedroom allowed, and then stick to that. And then never again discuss not renting to someone who has too many kids (which is almost certainly a Fair Housing violation*); rather, let any applicant know that a 3 bedroom house can have a maximum of 6 occupants, no exceptions.

*there are property types that don't have to follow Fair Housing rules. It's worth it to know whether yours do or not.

To rent or not to rent to a family with 4 kids?

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