Can I reject applicants based on too many adult tenants?

Question

If I understand correctly, I can set the maximum # of occupants per unit. Can I also include maximum # of adults. For example: Prospective tenants are 2 married adults, they have 2 sons, 21 and 24. One of the sons has a child, which would be there some of the time. I can't reject based on income. I have heard from RE agents, not previous landlords, that this family has a history of damaging properties.

Account Closed · Answer

You can't discriminate against an applicant based on "familial status." However, this protection only applies to applicants with children under 18. You can absolutely discriminate against these applicants who have adult children living with them. Even if all of these applicants' children were under 18, you could reject their application simply based on their history of destroying properties. Why would it matter that you learned this from a real estate agent and not a landlord? Just because someone is in a protected class does not mean you have to approve their application. Or that you can only deny their application because of lack of income. It simply means you can't deny their application on the basis of them being in that protected class.

Stephen White · Answer

I agree with Jon P. and furthermore, the information you learned from the real estate agent is totally kosher. Technically it falls under the guidelines of a background check because it gives insight into the tenants character. If they agreed to a background check, then they agreed to let you investigate their character.

Dyna J. · Answer

Advise the parents that everyone over 18 is considered a tenant and needs to meet your screening criteria. I doubt "the kids" will pass the minimum requirements . So they have a history of damaging properties but you heard this from RE agents not the landlords? Talk to the landlords and see what they say. A key question would be "would you rent to them again". Dig deep into their background, I bet you'll find plenty of stuff to reject them on.

Joel Owens · Answer

"I have heard from RE agents, not previous landlords, that this family has a history of damaging properties." Then why on Earth would you rent to them?? Just either deny them based on something else in the application or make them put down a huge deposit to take on the risk. You hear it all the time from tenants to please take a chance on them and they get a bad rap etc. Sure normal deposit is 1,000 but if you put 3,000 down I will consider it. They never have the money from my experience. They barely scrounged enough money to leave the last place a wreck and now want to sweet talk someone else because they want to live "in a nice unit" that they will eventually trash like the other one.

Shawn H. · Answer

The building is a duplex: 3 bd, 2 ba 1600 sf each unit. I want to be able to reject without discriminating against anyone( age in this case?) for too many adults. I have had a similar request before, a couple wanted to rent along with another couple with a child. While total occupancy may not seem too much for the unit, I feel there would be more wear and tear on the unit. If this is not discrimination, I would list maximum # of allowed adults along with minimum rent requirements, etc.

Michael Seeker · Answer

It sounds like you should find any reason possible for not renting to these tenants. How many beds/baths is the unit? Do you pay any utilities (water)? Anytime I have more people than bedrooms I start adding $ to the rent for the increased water bill. If this is anything less than a 3 bedroom unit, I would reject them on the fact that 4 adults + a child will not work with 1-2 bedrooms. If it is 3 bedroom, I'd start by telling them that rent is $100 additional per month for the increased utilities (that might scare them off depending on what the rent was advertised at). Then I would take my sweet @$$ time "reviewing" the application until they either move along or you find a better applicant (probably the next person who applies). -Michael

Shawn M. · Answer

Yes, you can set the maximum # of occupants, generally 2 adults (over 18) per room. Also everyone over 18 has to fill out a complete application and is listed on the lease, since they may be the ones occupying the apartment. I also believe that you deny them because there are too many people wanting to live in your apartment. You are not violating any protected class by doing that. You just need to be consistent.

Steve Babiak · Answer

Dyna J. is giving you the proper approach. You assume the oldest adults (parents of the younger adults) will always remain with the two adult offspring. But that may not be the case, so you would end up with the two younger adults who probably couldn't pay the rent on their own. Now, in the event that those offspring could each qualify, then you could still reject based on the information received from the previous landlord, where the applicants caused damages that were in excess of security deposits (and did not pay to cover all damages).

Joel Owens · Answer

Don't buy into tenant BS. When you become a very seasoned landlord you see through this a mile away.