Do I need to provide a reason to decline a tenant?

Question

I know that it is illegal to discriminate against potential tenants based on any of the protected categories (race, national origin, etc). Are there any other reasons that I CANNOT reject a candidate for?

There's a potential candidate that I don't want to rent to because they are just hard to communicate with, even though they haven't submitted an application yet. They were late to their scheduled viewing, went to the wrong house, and were not communicative about it. Then they asked questions about the application that were clearly answered in the application instructions. My gut feeling is that these people will be a pain to deal with.

Do I even need to provide a reason for denying them? Should I just tell them to not bother sending an application?

Jerel Ehlert · Answer

Have a written policy on rental criteria. Start with the basics, like income and job requirements, then rental history and credit (get permission to pull if that's what you do). Make notes about ability to understand and follow directions. You should be able to articulate, in writing, at or about the time the application is rejected, why you are denying rental. So long as it complies with your state and federal rules, you might be covered. "Vibe" is not going to stand up.

Keep in mind there are people who make a living on testing landlords and bringing claims, just to get the settlement. Like a "secret shopper", but looking for bad landlords.

Cara Lonsdale · Answer

@Cat R. I can appreciate your situation.  Landlords sometimes get bad vibes, even before meeting an applicant.  I have had email exchanges with people that I knew I would have issues with if I accepted them as Tenants.  Something about the communication style that just conveyed that they weren't a rule follower, or were hiding a cat (which we don't allow), or just seem shifty.

I think @Thomas S. gives sound advice about coninuing to accept applications until a successful application is found, then alerting all others that the unit has been rented.  It is only fair that you return their application deposit/fee.

Thomas S. · Answer

If it is not legally required to give a reason you would be foolish to do so. All it does is provide unnecessary ammunition to any disgruntled rejected applicant.

The less you tell people the better you protect yourself.

If challenged all you need to do is point out that under your screening standards you accepted the most qualified candidate.

They do not have the right to know.

Thomas S. · Answer

I would advise you provide a application if they desire it then reject the application. Best option is to accept applications and do not reject any until you have chosen a successful applicant. You then inform all applicants that the unit has been filled. If you are contacted in th einterm you simply inform them you are still accepting applications. Return any application fees you received from rejected applicants.

Account Closed · Answer

I find most potential tenants have some type of issue with credit, income or assets, that would be reasonable to reject them for, if I were so inclined. If they don't, they have cats or dogs or want a move in date that does not work. I've only had one potential tenant over 800 FICO, solid income and assets, no other issues. And she was a very nice trustworthy person, I met with her to sign the lease hours after she looked at the unit.

Wesley W. · Answer

I wouldn't articulate anything.  In my jurisdiction (and most others, I think) unless you use information in a credit report to reject an applicant (FCRA), you DO NOT need to give them a reason.  I would go so far as to say you SHOULD NOT give them a reason, as that just increases your exposure to a discrimination claim.

Cat R. · Answer

Thank you all for your responses. I’ll be keeping these notes for future reference.   I met with the potential tenants and showed them the house. They started nitpicking cabinets new wall paint, even the fireplace bricks saying it’s all old and needs to be replaced if they’re to rent it. Even had the gall to haggle with the rent price. I said I wasn’t going to be replacing anything on the house as it was not needed just for their personal preference. This is a rental, they can choose to apply or simply keep looking however, I don’t think this is the house for them. So I said thank you your time but good luck in your search

Thomas S. · Answer

What does your state landlord tenant code say. If the code does not require you to inform them of a reason you never give a applicant any reasons.

However what you are dealing with is something different. Since they have not submitted a application they have no legal rights, you are denying them the ability to submit a application. Obviously some will argue it is the same thing but it is not.

Check your code, you have the right to refuse any applicant you choose for what ever reason you wish, so if you do not need to give a reason you never should. If you must give a reason make sure your screening criteria is strict enough to allow you to reject the majority of applicants.

Your reason in this case is justifiable grounds to legally reject. Stupid is not a protected species.

Do I need to provide a reason to decline a tenant?

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