How to tactfully reject this applicant

Question

I have an apartment for rent. There is someone (let’s call him Bob) who lives in the apartment building next door and he wants to rent my apartment. He has not yet filled out a rental application but he did call me on the phone and said he wants to rent the apartment.

I do not want to rent to Bob and wanted to ask this list if I have a valid reason for rejecting Bob and if I do, what reason do I give Bob?

Here is some background information about Bob.

We have had complaints from our tenants regarding Bob. One of our tenants said that Bob parks his car on our property and uses our water to wash his car. We have told Bob to stop doing this.

He has, in the past, parked his car on our property, taking up one of our tenant’s spots. We tell him to park on his own side and not on our side.

I saw his kid and wife in our backyard. I told her she had to leave and couldn’t be on our property.

His kid has been seen playing in our back yard and in our driveway. Once again, he is told to stay on his side of the property.

I had to call the management company, of the apartment next door, and register a complaint, saying that Bob was on our property, filling up a bucket of water and using our water. The management company said they would speak to him about this.

One of our tenants said not to rent to him and has complained to us about his kid screaming and making noise.

I know that I cannot reject him because he has a kid, but I did see that one of the reasons to reject an application is an unsatisfactory reference from landlords, employers and/or personal references.

So, I am wondering if the complaints I have mentioned above would be considered a valid reason for rejecting his application. Admittedly, the complaints come from me or my tenants, so I wonder if that would be considered bias. The relationship that I have with the landlord next door is not exactly amicable (because we complain so much about his tenants!) and I wonder how up front he will be if I were to ask for a reference.

There is a chance, and I don’t know this for sure, but I think Bob has not given notice to his landlord (I think he is waiting for me to give him an application and then when I tell him he is accepted, he will give notice, but this is pure speculation on my part). But if this is the case, (and I think it is) I wonder if I have the right to refuse to rent to him because he isn’t really able to move right in or am I required to hold the apartment vacant just because Bob filled out an application first?

Please offer advice on how to handle this sticky situation. Do I give him a rental application to fill out?

Brian Levredge · Answer

Be up front and honest.  You don't like the fact that he hasn't shown any respect for your property, and that is as a non resident.  Why waste his time and yours taking an application that you want to reject up front in the first place?  You already have legitimate reason enough not to rent to him based on your own observations.  That is not discriminatory in any way.  It sounds like you are more scared of the confrontation than anything else.  And if he's this bad as a neighbor, just think how bad he'll be as one of your tenants.

Bienes Raices · Answer

@Brian Levredge

I guess I already have done that--one time someone told me he had a felony conviction and still wanted to apply because it was being "expunged." I just told him it wouldn't work out.

I guess I was thinking more of when you have a gut feeling that the applicant is fishy but you have no actual basis for proving that without running the application (they showed up on time for the appointment, etc.). In those cases I take the application. But this doesn't apply to Debbie's situation because she has actual knowledge of what this person has done.

Brian Levredge · Answer

This is not the case, at least as far as I understand the law regarding these types of issues.  You do not have to give an application to someone just because they ask for one.  I've had people show up late for showings with no courtesy call, or flake and call the next day wanting to reschedule.  I politely tell them that we are going in a different direction and move on.  I can do that, and that is for much more minor transgressions than what the OP has had happen to her.  You have to remember that this is your property and you are in control, not vice versa.

Dave M. · Answer

Regardless of his understanding of language or his culture he is required to respect the "quiet enjoyment" of his neighbors. He has failed to do so, reason enough to reject his request. Its not based on any factor other than behavior.

The other comment about respecting your property was likely a reference to his trespassing, illegally parking, etc. which are good indicators that he will not follow your rules should you rent to him.

Dave M. · Answer

Likely his current landlord would love to pass this nuisance off to you. Try checking with his former landlord IF he submits an application. More likely to be an unbiased report as there is no chance of Bob trashing their apartment for giving a bad reference.

Since you have already complained about his behavior to his current property manager you are probably justified in denying anyway. And the other items, as Bienes  Raices said give you firsthand knowledge that he is not a tenant you should approve.

Michael D. · Answer

Debbie Steinman,
You didn't say that he's asked for an application, so I don't see any reason why you should give him one. I would ignore it until he contacts you again. If he does ask for an application, you can invite him to come over to the unit to pick it up. Don't forget the application fee.

In the meanwhile, I hope you're doing everything you can to solicit applications from others.

My guess (as Bienes  Raices alluded to) is that his application won't pass muster for some reason anyway - on the off-chance that he actually asks you for one, pays the fee, completes it in full, and gives it back to you in a timely fashion. In any event, you can always cite his prior record of trespassing on your property as the reason you don't want to rent to him.

Bienes Raices · Answer

On second thought, this is kind of strange situation because you already have firsthand knowledge of Bob's behavior. If worse comes to worse perhaps you could get the tenant who complained about him to sign something witnessing what she saw, and save it in your files, if you do need to reject based on that. Maybe one of the more experienced landlords here will know whether that would be okay to do or not.

But there will probably be some other thing that you dig up during your background check to use before you resort to that. In my two years of doing this I've found that these types never have a squeaky clean history.

Brian Levredge · Answer

The key is consistency.  I've been to my fair share of housing authority seminars the last few years and the heads of the various agencies in Los Angeles and Orange County have both said (paraphrasing): "discrimination is fine as long as you are discriminating the same against everyone."

Debbie S. · Answer

I found an interesting article on the web at:
[LINK REMOVED] It basically says that landlords do not have to rent to jerks and that "as long as your reason for not leasing to a person has nothing to do with their race, color, religion, national origin, sex, familial status or handicap, you don't have to. "
It is an interesting read.

Debbie S. · Answer

I also thought, just like Bienes Raices, that we had to give a rental app. to anyone who asked for one and that the first person who filled one out was considered first. So, I was a little surprised to read that most say that I can refuse to give an application to someone. 
What do you tell the person when they ask why they can't have an application? Like, for example, with Bob. Do you say "Due to the past problems we have had, you cannot rent the apartment nor fill out an application" ?

I have read quite a few posts and am developing my criteria.

The 18 reasons were found here: http://www.american-apartment-owners-association.org/blog/2008/10/27/18-reasons-to-reject-a-tenant-application/

Thank you for your answers!

Originally posted by Bienes Raices
I was always under the impression that to be safe you must allow anyone to apply who wants to (and who is willing to pay the fee and provide a driver's license for ID, of course), however everyone here seems to disagree with me so perhaps I was wrong about that. I don't want to give out bad information on here.

How to tactfully reject this applicant

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