Denying a tenant while the property is still available?

[Mike Roberts]

I am currently closing on a SFH that will be a rental in NC. The area is kind of rural, and I don't expect to see a huge number of applicants. Say somebody applies, they have good credit, no criminal history, job, etc, but for whatever reason I just do not want them as a tenant. How should I deny this person without breaking the law or being too rude? I don't want to give them a specific reason why, I just want to say something like "sorry, we have chosen a different tenant".

BUT...if the house stays on the market after that, it's going to be obvious that I don't really have another tenant, I just don't want that particular one. I can't just wait until I have multiple applications to choose from, it may take a month or more for that to happen.

With that in mind, what is the best way to tell a "protected class" that you aren't interested in their business, without getting sued?

[Randy E.]

Originally posted by @Mike Roberts:

Just because somebody has some number points in a system somewhere does not automatically make them a good tenant, and that is really the only criteria I can post in my ad. The thing about smokers was supposed to be a polite example. I am simply asking how you more politely refuse service to somebody you do not want to deal with. I could just be a complete *** and say "sorry, your qualifications are not strong enough, I'm going to wait for more tenants to apply", but I probably won't.

I am not going to deny anybody simply because they are a "protected class", but just because they are protected, doesn't mean they can't be bad tenants also. It has nothing to do with their race/religion/sex/whatever.

 I'll be blunt, too.  It sounds like you are trying to deny a protected class.  Everyone here has been giving good advice, but you keep saying you have this special sauce decoder that lets you know when a tenant is not suitable for you. 

The bottom line is this is your property and you can rent it however you choose.  However, if you break housing laws, be prepared to one day answer for it.  Telling a judge that you denied someone with adequate credit, adequate income, and adequate everything else because you "did not like their kids" or that you didn't like "the way they look" is going to result in a fine.  Probably a hefty one.