Can I deny an applicant for their attitude?

Question

This is my first time doing tenant screening and fortunately we have a lot of qualified applicants for our property. I am wondering how to deny someone just because I think they would be a huge headache to deal with. On paper, their application looks good and doesn't show any red flags, but in person they are demanding and extremely nit-picky about tiny little details about the house.

So how do I deny someone when they meet all the criteria on paper, but I can see they will be a problem tenant in the future?

Robert Leonard · Answer

I tell tenants up front.  "I rent on a competitive risk basis.  I don't rent to the first person that gives me a good application, I rent to the tenant that is the best applicant at the end of my showing period."  You are the landlord, it's your decision, based on your criteria.  As long as you follow fair housing rules, and don't use race, color, national origin, religion, sex, familial status or handicap in your criteria, it is your decision.  A person with an attitude problem is not a protected class.

Tom Goans · Answer

It has been my practice to only respond when contacted. Then, I usually state in a very friendly and regrettable manner the property has been leased, I greatly appreciate your interest and will keep your information handy just in case.

Tevis Verrett · Answer

What Brothers Rob and Tom have opined.

You are fortunate to have the good sense to have a 'gut check.'

Go with your gut, rather than the rose colored glasses that I have been burned with.

As far as denial, if you dig deep enough you will find something that you can hang your hat on.  And as wiser people have opined, say nothing.  Go with the most 'qualified' applicant.

'Qualified' now that is a smoke and mirrors tool in our landlord warchest

Tevis

Steve Babiak · Answer

This is a scenario where I would have not taken the paperwork from the prospective applicant in the first place; that way there would be no reason needed to decline their application.  You can be gracious in doing so too.  I would say something along the lines of: "I appreciate that you have shown interest in this rental unit.  However, I'm not too certain that things will work out favorably here.  I want to have tenants who are happy, and I try to keep them happy as much as possible.  But you clearly have expressed your unhappiness with certain features in this unit, and I don't see any way that I would be able to make you happier about those things.  So I believe you might be better off to look elsewhere."

I've encountered these types of nit-pickers before, and they usually don't complete the application.

And you have to be delicate sometimes because you don't want to be (or be accused of) acting in a discriminatory manner.

John Thedford · Answer

I just went through 3 months of hell with someone that found everything wrong. He could not get along with anyone, found problems with everything, obstructed my agents...you name it. If they start out nit picking everything, you WILL have problems. If you let them in, and they are complaining now, be prepared to have them complain about anything and everything on an ongoing basis. It is my believe you will regret letting them in.

Jon K. · Answer

This is what I would do.

If the denied tenant was still interested, they would call. At least there's a chance you might not have to talk to them at all if they don't call you. If I was applying somewhere and didn't hear back, I would assume my credit or rental history wasn't good enough and be too embarrassed to call.

If a tenant is nit-picky and demanding when you first meet them, they're just going to get worse. Tenants should be on their best behavior when looking at a place and trying to get the landlord to approve them.

If they're already annoying, it will only get worse. Find someone else. Seriously. I gave a tenant who annoyed me upon meeting a chance. It only got worse from there. It wasn't worth it. Whiny, demanding, entitled people will always be whiny, demanding, entitled people.

Personally, I wouldn't call them. If they call you back, I would say, "I'm sorry, but the house has been filled... thanks for your interest and I can call you if there is another opening." I would say as little as possible. If they don't call, I simply wouldn't reply until they called.

Robert Leonard · Answer

I tell them I will notify the tenant I select on a certain date.  On that day, they can call the line that I use for information and messages and I change my vacancy message to a message that says the property is no longer available and that the tenant selected was notified.  "Thank you for your interest in our property.  We look forward to the opportunity to help you in the future."

Tom Goans · Answer

I agree with Cyrus. The less said the better. Any word or statement verbally or in writing - before, during, and after the process is open to interpretation and legal scrutiny.

Some tenants are professionals at creating havoc if given the opportunity, whether right or wrong.

As Bill Clinton said: “What is the meaning of is?”

Troy Fisher · Answer

[quote]

don't think you can tell them that the place is rented to a better qualified tenant, if in fact it is not rented yet. If they find out you are lying, you get in trouble.

The hard question is how to deny an applicant who is good on paper, in an early stage and when there is other better tenant.

[/quote]

Have an accepting applications period.  "I am accepting applications until the 20th, and will let the person know on the 22nd"  That way you avoid the problem.

Can I deny an applicant for their attitude?

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