Fair Housing Act - Lease withdrawal

[Belinda R.]

I recently approved an applicant for an apartment. After the applicant viewed the apartment, they texted requesting a lease so I electronically sent them the lease sign. However, prior to signing the applicant came back with a list of requests such as maintenance using battery operated tools due to utility cost concerns, installing motion detectors, rental insurance not covering fires, tree falling ?!????, lease revision request etc. I canceled the lease signing and now drafting a letter stating we are unable to accommodate her request and willing to refund the application fee.

The requests seemed unreasonable to me, however I do not know if cancellation of the lease signing violates fair housing act in any way. I am considering having an attorney view my response letter just in case.

Thoughts?

[Kevin Sobilo]

@Belinda R. I don't see how it would violate anything.

You advertise a unit for rent and specify some basic features of the unit and terms you are offering to rent it under. That may include, price, deposit, utilities included or paid by the tenant etc.

You screen the tenants and offer a qualified tenant the unit.

If you changed the terms you advertised originally, someone could probably claim you did it to disadvantage an application from a protected class.

However, you have just made the applicant an offer with the terms you advertised. The key is "an offer". The the applicant made a counteroffer and in the end you could not come to terms.

Most people don't realize that lease terms could be negotiated because on most average rentals they are not negotiated, but that is what happened and I think you acted fairly and have nothing to worry about.