Can I advertise my rental for a single person?

General Landlording & Rental Properties
5yFollow

Can I advertise my rental for a single person?

Carmel Duffy
Member since 2019 · 41 posts · 24 votes

I have a small sf home for rent which is only 500 square feet.

When prospective tenants call me and ask questions, I tell them the place is very small, only one closet for storage, really just big enough for a single person.

I have had a couple people say "so you won't rent to families?

I then tell them "There is not enough room for a family. "

I have had a couple people making comments that this is illegal.

Thanks for anyone's advice!

0Reply
123 views

Most Popular Reply

Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
5y
Originally posted by @Carmel Duffy:

I have a small sf home for rent which is only 500 square feet.

When prospective tenants call me and ask questions, I tell them the place is very small, only one closet for storage, really just big enough for a single person.

I have had a couple people say "so you won't rent to families?

I then tell them "There is not enough room for a family. "

I have had a couple people making comments that this is illegal.

Thanks for anyone's advice!

 They are correct, it is illegal. This is considered steering, meaning you are steering families away from your property. It is discrimination based on familial status. You can potentially let someone know there are occupancy limits, but make sure those limits line up with your local laws. Usually the rule of thumb on occupancy is 2 per bedroom plus 1, so three people in a one bedroom house. The plus one is sleeping on the couch or could be a baby in the parents bedroom in a bassinet. You can tell someone the size, but don't draw any conclusions beyond that. There are fair housing testers that call to look for violations, so it is a good idea to not steer people. Generally speaking a family will not want to live in a small house, so let them conclude it on their own.

2Reply
See this reply in the discussion

15 Replies

Jump to latestLatest
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y
    Originally posted by @Carmel Duffy:

    I have a small sf home for rent which is only 500 square feet.

    When prospective tenants call me and ask questions, I tell them the place is very small, only one closet for storage, really just big enough for a single person.

    I have had a couple people say "so you won't rent to families?

    I then tell them "There is not enough room for a family. "

    I have had a couple people making comments that this is illegal.

    Thanks for anyone's advice!

     They are correct, it is illegal. This is considered steering, meaning you are steering families away from your property. It is discrimination based on familial status. You can potentially let someone know there are occupancy limits, but make sure those limits line up with your local laws. Usually the rule of thumb on occupancy is 2 per bedroom plus 1, so three people in a one bedroom house. The plus one is sleeping on the couch or could be a baby in the parents bedroom in a bassinet. You can tell someone the size, but don't draw any conclusions beyond that. There are fair housing testers that call to look for violations, so it is a good idea to not steer people. Generally speaking a family will not want to live in a small house, so let them conclude it on their own.

    2Reply
  • Robert Kohnfelder
    Rental Property Investor · Pittsburgh, PA · Member since 2019 · 38 posts · 13 votes
    5y

    Don't quote me, but I'm fairly confident on a basic lease agreement template (for the state of PA at least) you can actually list the number of occupants allowed in the property. For instance, I rent out a 1 BR + 1 BA unit with "1 tenant occupancy" for the same reasons you mentioned. However, with a SFH and potentially a different state, I'm not sure of your options. I don't know how smart it would be to write in the listing "rental for single person", I would likely just use the applicants' information to make my decision when the time comes. But again, legally, I'm not sure how to answer your question without knowing your local/state laws.

    1Reply
  • Julie Hartman
    Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
    5y

    I know here in Colorado if you are the owner and have 4 or fewer properties, you have a bit more say in who rents the property but you still need to be careful. As a PM, we typically tell people during the phone screen that there are occupancy limits per municipality. If the prospect insists on viewing the property, we show it and let them figure out the property may be too small for their needs. Good luck! 

    0Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    5y
    Originally posted by @Robert Kohnfelder:

    Don't quote me, but I'm fairly confident on a basic lease agreement template (for the state of PA at least) you can actually list the number of occupants allowed in the property. For instance, I rent out a 1 BR + 1 BA unit with "1 tenant occupancy" for the same reasons you mentioned. However, with a SFH and potentially a different state, I'm not sure of your options. I don't know how smart it would be to write in the listing "rental for single person", I would likely just use the applicants' information to make my decision when the time comes. But again, legally, I'm not sure how to answer your question without knowing your local/state laws.

     If you are renting out a house/apartment where you do not live, then fair housing laws apply to you and you cannot discriminate based on family size. If you are renting out a room in your house, or if you have a duplex/triplex/quadplex in which you live in one of the units, then you have more leeway. 

    Podcast Guest on Show #243
    Skyline Properties
    View Page
    1Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    5y
    Originally posted by @Carmel Duffy:

    I have a small sf home for rent which is only 500 square feet.

    When prospective tenants call me and ask questions, I tell them the place is very small, only one closet for storage, really just big enough for a single person.

    I have had a couple people say "so you won't rent to families?

    I then tell them "There is not enough room for a family. "

    I have had a couple people making comments that this is illegal.

    Thanks for anyone's advice!

     The people making comments are correct. What you are doing is against the law. 

    Podcast Guest on Show #243
    Skyline Properties
    View Page
    1Reply
  • Steve Morris
    Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
    5y

    I have had a couple people say "so you won't rent to families?

    I then tell them "There is not enough room for a family. "

    In OR, you can't discriminate based on familial status, so probably illegal.  Less said the better and saying something, like 1 bed means 2/bed + 1 in the unit is the limit on number of occupants - Then again, saying less is better.

    0Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y
    Originally posted by @Julie Hartman:

    I know here in Colorado if you are the owner and have 4 or fewer properties, you have a bit more say in who rents the property but you still need to be careful. As a PM, we typically tell people during the phone screen that there are occupancy limits per municipality. If the prospect insists on viewing the property, we show it and let them figure out the property may be too small for their needs. Good luck! 

     This is not correct. Fair Housing Act is Federal law. There are exemptions to Fair Housing in these situations:

    1. You owner occupy a property with four or less units. In other words owner occupy and single family, duplex, triplex or fourplex. You would be exempt on the other units. You have to live in the property and it is units, not properties.

    2. Single family house rented without a broker, as long as you own 3 or less single family homes. If you use a property manager or leasing agent, that is leasing with a broker. The 3 or less single family home rule includes your personal residence. If you are leasing properties for other people, you must follow FHA no matter how many properties they own.

    Actual text from Federal Fair Housing - look at exemptions b. It is federal so your state can't override this:

    https://www.law.cornell.edu/us...

    2Reply
  • Julie Hartman
    Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
    5y
    Originally posted by @Joe Splitrock:
    Originally posted by @Julie Hartman:

    I know here in Colorado if you are the owner and have 4 or fewer properties, you have a bit more say in who rents the property but you still need to be careful. As a PM, we typically tell people during the phone screen that there are occupancy limits per municipality. If the prospect insists on viewing the property, we show it and let them figure out the property may be too small for their needs. Good luck! 

     This is not correct. Fair Housing Act is Federal law. There are exemptions to Fair Housing in these situations:

    1. You owner occupy a property with four or less units. In other words owner occupy and single family, duplex, triplex or fourplex. You would be exempt on the other units. You have to live in the property and it is units, not properties.

    2. Single family house rented without a broker, as long as you own 3 or less single family homes. If you use a property manager or leasing agent, that is leasing with a broker. The 3 or less single family home rule includes your personal residence. If you are leasing properties for other people, you must follow FHA no matter how many properties they own.

    Actual text from Federal Fair Housing - look at exemptions b. It is federal so your state can't override this:

    https://www.law.cornell.edu/us...

    I appreciate the clarification on this! Something I love about this business is that there is a constant opportunity to learn and grow.  

    1Reply
  • Jim S.
    Sterman, MI · Member since 2017 · 378 posts · 306 votes
    5y

    In Michigan (check your state) I can limit 2 people per bedroom. Accept applications until you find who you want and don't give a reason for not selecting someone.

    0Reply
  • Jaquetta T Ragland
    Real Estate Agent · Winston Salem, NC · Member since 2014 · 486 posts · 303 votes
    5y

    @Carmel Duffy you probably shouldn’t say it’s not big enough for families but in your ad say things that will attract single people.

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    They are correct, however, there is nothing to stop you from showing them the place and then selecting the applicant that you think is best.  You can state in the ad that it is only 500 sq feet and use other words that suggest it isn't ideal for a family (though the 50 sqft should be a big clue).  As others said tell them the info and once you find someone who you think would work best, rent it to them.  You don't have to say why, and if someone ask say they were the most suitable applicant and leave it at that.

    1Reply
  • Michael Noto
    Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    5y

    Does the town/city the apartment is located in have maximum occupancy limits based on bedrooms/square footage? I know most municipalities here in CT have those guidelines. It would be better to stick to actual guidelines/laws when talking to perspective tenants then letting them know what you think is best for them.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    Also if you set an occupancy limit you must consistently apply that limit.  You can also limit number of vehicles if warranted and that may eliminate some people.  I do this for parking reasons but it does cut calls.

    0Reply
  • Corey Hawkinson
    Rental Property Investor · Bloomington, MN · Member since 2019 · 404 posts · 542 votes
    5y

    @Carmel Duffy There is a lot of good advice above. You will need to check on the local laws though. For example, a few people above said to take the applications and select someone else. That’s good advice for their area. However, in certain cities around me that would be deemed illegal discrimination. If I owned in those cities, I would be required to accept the first applicant that meets my criteria.

    0Reply
  • Tony H.
    Rental Property Investor · Montgomery, IL · Member since 2018 · 13 posts · 5 votes
    5y

    In one of the cities I own property there is an occupancy law.  Bedroom size 70-99 sqft- 1 person can stay in here.  BR- 100-149 sq ft- 2 people in the room.  BR- 150-199- 3 people in the room.  200-249 sq ft- 4 people.  I use this criteria for every home I have no matter where it is.  I find it hard to believe that the law says you have to let 9 people live in your house if it is 500 sq ft. That is not safe.     

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free