Prospective Tenant Showed Up Under the Influence

[Joseph Lee]

Hey everyone, just looking for a little feedback on a situation that occurred a few weeks ago in case the situation ever comes up again.

While looking to sublease the rental that we're currently renting (bought a duplex to house hack), we had a showing where one of the two prospective sub-lease tenants was...very high. It was easy to smell, he had glazed over eyes, etc. I realize state laws are changing around the country, but marijuana is still illegal in MN, and to top it off, he was the one who drove the couple to the unit.

After they left the showing, we sent them an email saying that we noticed he was under the influence and we wouldn't feel comfortable approving them as tenants and our landlord would not either (he's a police officer). We did not send them an application.

Any issue with this? How would you have handled it? I'm looking for feedback from both a legal standpoint and a business standpoint. 

To lay it out plainly, here is my justification- My analogy is that I like to have a drink, but I'm not going to show up to a showing drunk. If I did, I wouldn't expect the landlord to do anything different than we did. We did not discriminate against them based on a protected class, but discriminated because he was under the influence (breaking the law by using the drug) and came to a showing as such, not exhibiting a pattern of responsibility.

Thoughts/concerns/comments? If we were way off base, I have no problem being called out on it- just please explain why.

[Jay Hinrichs]

I am going to chim in here because no one has mentioned it.

when your house hacking a 1 to 4 unit and you live in one unit as your primary residence.

You DO NOT FALL under any of the equal housing act laws.. you can discriminate to your hearts content.. You need give no reason or any other feedback to a perspective tenant.

This is one of the great things of house hacking you can set up some premier tenants...

If you only want older established neighbors with no kids NO problem.. etc etc etc.