Can I Rescind An Offer To Rent?

[Michael Pilolla]

I knew that one of the 3 applicants was a smoker. I told the family via email that the property was NON-smoking and that there was to be no smoking on the property inside or outside - leaving them to smoke out in the street. They asked if they could have a designated smoking spot that wasn't out in the street. I don't trust they'll follow the rules. Can I tell them we're no longer offering the property to them to rent and refund the application fees? I don't want to get sued for discrimination of some sort. This is in Oregon btw.

Thank you for your answers in advance!

Michael

[Shiela R.]

I have never owned property in Oregon. Landlord-tenant laws vary by city, township, etc. If it were me, I'd find a better fit and simply say someone else was more qualified, which is the truth.  I wouldn't even mention smoking.  Seems like a pandoras box but smokers are not a group protected by fair housing. Unless they are smoking mmj and on disability.

@Michael Pilolla just to give you some food for thought...Depending on the city and property I sometimes rent month to month to protect myself against a bad fit.  I had some tenants who complained about everything.  Keep in mind we had other units for years and no complaints so I simply raised the rent on the complainers.  Month to month only requires a 10 day notice.  They left, did not renew.  Certainly, there are ways to better prescreen so you can not even waste your time with smokers...best of luck!