Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 4 years ago on . Most recent reply

User Stats

31
Posts
13
Votes
Ashley Chris
  • Investor
  • austin, tx
13
Votes |
31
Posts

Can I decline potential tenant based on number of kids or felony

Ashley Chris
  • Investor
  • austin, tx
Posted

I am the owner of the house, listed my house for rental. I am dealing with 3 different applicants with following situations

a) one has 7 kids of her own

b) other has 3 kids of her own and 5 kids from foster care (she get a check from welfare for foster)

c) last applicant has felony (of 6 year old)

My questions:-

1) Is it legally OK to decline 'a' and 'b' based on number of kids?

2) Can I charge $100 extra for 'a' and 'b' because they have so many kids

3) Is it legally OK to decline 'c' based on his previous felony (even without trying to understand/asking about the incident)?

(By tone of my question: how can I decline all these applicants and yet be legally right)

I am the owner and property is located in state of Arizona. It is a 5 bed room house

Most Popular Reply

User Stats

2,710
Posts
2,238
Votes
Patti Robertson
Property Manager
Pro Member
  • Property Manager
  • Virginia Beach, VA
2,238
Votes |
2,710
Posts
Patti Robertson
Property Manager
Pro Member
  • Property Manager
  • Virginia Beach, VA
Replied

You cannot discriminate based on familial status.  Your rental criteria must be clearly defined and consistently applied to every screening.  If you use a criterial of 1 person per bedroom, or 2 people per bedroom, etc, you can reject if someone is above that number of people IF you have defined your criteria and you are treating all applicants the same.  I publish my criteria right in all of my rental ads. Every ad includes the maximum number of occupants right in the ad, it is always two times the number of bedrooms, and we never make an exception. You can make your criteria whatever you wish.

Regarding the felony, HUD made felony status a protected class in April of 2016. Landlords can no longer say you will not rent to anyone with a felony conviction in the last X years. That does not mean you cannot use criminal history as a screening criteria, but you must have a reasonible reason to deny an applicant based on their charges.

Here's the summary of the law from the HUD website.

  • Patti Robertson
  • 7574722547

Loading replies...