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All Forum Posts by: Nina B.

Nina B. has started 3 posts and replied 20 times.

Post: Legally obligated to rent to roommates?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Hi John,

You mentioned "we have had more issues with tenants who were married and then separated than from roommates we have had."  

I honestly am quite happily surprised!  Thanks much for your input and letting me know. I'm much less nervous about the prospect of roommates now.

Nina

Post: Legally obligated to rent to roommates?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9
Quote from @John Barrett:

@Nina B. I wouldn't be concerned with the fact that you are getting interest from roommates.  As others have suggested, just screen them both per your normal rental criteria and have them on the lease.  We also have in the lease that any new roommates or swapping of roommates requires them to pass our screening. 

We have had more issues with tenants who were married and then separated than from the roommates we have had.

RHAWA & WLA are both good organizations which have information that can help you if you need support with your lease agreement.

John


Post: Legally obligated to rent to roommates?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Hi Richard!

You mentioned a "joint and several" clause.  Never heard of it, but it most certainly sounds like something I should be looking into and will.

Knowledge is power!  Thank you!

Nina

Post: Legally obligated to rent to roommates?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9
Quote from @Richard F.:

Aloha,

So, married is fine...unmarried is not? Think about Federal Fair Housing laws. Heck, think about reality...lots of people are unmarried but living together as if for many years. You rent to People, not roommates, not children, not a particular race, religion, etc. etc. Just People. Your criteria needs to deal with verifiable facts regarding all of those people...credit, employment stability, income, public records, and other specifics that can be applied to all of those People. If, say, a five person group wants to rent from you, it could be mother, father, three kids; or mother, father, grandmother, uncle, one kid. You evaluate income for the entire group to meet your 3X or whatever criteria; you evaluate the employment stability of the primary and secondary wage earners; you evaluate the backgrounds of all and weigh the pros/cons of the entire picture. If all have Bad habits, you pass. If one or more primary wage earners also have decent credit, while others have some issues, it is pretty likely the primary will want to keep their credit intact. If they are all students, have each one provide a parent as co-signer, and perform credit and backgrounds on them as well. Be sure ALL are named on the Rental Agreement; you have a "joint and several" clause; and you use an addendum to add/remove individuals with ALL signing in agreement including you, which you only agree to if the primary is remaining or being replaced with an equally qualified primary.


Post: Legally obligated to rent to roommates?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Thanks everyone for your time and responses!

I've never had a roommate situation before.  All of my other tenants, single or married have qualified on the basis of one income. I was nervous about qualifying on the basis of dual incomes for example: one party leaves, 2nd party has trouble finding a new roommate and now I've got a situation on my hands for an undetermined duration.  Knowing myself (complete softy), I could be without 50% of my rental income or worst case scenerio possibly facing an eviction situation towards the 2nd party, which I'd feel awful about.  So yup, this is why I'm hesitant. 

For now I think I'll just process the applications as they come in and let the qualifications help me decide.

Thanks so much again,

Nina

Post: Legally obligated to rent to roommates?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Greetings!

I'm a landlord in the State of Washington, 8 years.  Up until now I've gotten very lucky and all of my tenants have been highly qualified long term renters, married or single professional.  

Here's my question.  Am I legally obligated to rent to roommates?  Can I legally state in my rental qualification letter that I will not consider a roommate situation? I am in a very high demand area and could hold out for another highly qualified married or single person without taking the risk of having roommates.

Thank you for your time!

Post: Section 8 applicant mentally unstable?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Recently have a 1 Bdrm apartment become vacant.  A gentleman (let's call him Bob) called me and asked me if I took section 8; after which he launched into speech of needing to run for mayor, getting involved with gun control, earning his 3rd degree and fighting for the whales.   I said I didn't know anything about it and I'd have to look into it. He then gave me his social workers phone number and his FB address as his resume.  Never had a chance to call the social worker.  The next morning the social worker called me!  Bob is indeed on section 8 and "yes" in the State of Oregon landlords cannot discriminate against a section 8 applicant.  This all happened yesterday.  This morning I looked up his FB account and I KNOW THIS GUY!!!  We live in a small town where I ran a market for several years and he was always in and out of the store ranting on about something for hours, sometimes wearing a dress, sometimes dressed as a rainbow or a native Indian (you just never knew).  Bob can be described as someone extremely intelligent but unable to keep his intelligence on topic. Bottom line is this, am I legally obligated to process this guys application?  If he qualifies am I legally obligated to rent to him?  I really get that good people need a chance for affordable housing (my daughter's husband died leaving her with three children and I couldn't get qualified her for section 8).  

Bottom line though is this; if an applicant goes through the application process, as landlords, are we legally bound to rent to someone who we know is mentally unstable?  If you meet this guy you have a feeling he could go postal at any moment and he would not be above pounding on my other tenants door at 3:00 am to tell them he had a message from Jesus!  Sorry, I think I'm ranting a bit.  My husband and I have worked our asses off for the little bit of a nest egg we have and now I feel like every time I have a vacancy I run the risk of someone destroying my property, or getting sued by that one person that works the system.  

Advice?

Post: Is agreeing to rental terms considered a binding verbal contract?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Update:

Received a text from the Son (applicant) yesterday stating:

"My parents will be representing me in this case, please provide any further information you may have to them."

Called my attorney and relayed same.  He said again to "do nothing".

Post: Is agreeing to rental terms considered a binding verbal contract?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

Just a quick update to all.  I had hoped as many of you had suggested that after declining the application that these folks would "go away."

Unfortunately that has not happened.  After receiving the denial letter they texted me to let me know that they had friends in powerful places, lawyers, judges, attorney's, the DA etc. and that they would pursue charges of fraud and discrimination.

In the interim I did find out that in the State of Oregon a lease for a year or more must be in writing and signed by both parties, however, a month-to-month can be a verbal agreement.

I have not responded back to any communication and have retained an attorney.

Now I wait and see. 

Post: Is agreeing to rental terms considered a binding verbal contract?

Nina B.Posted
  • Real Estate Investor
  • White Salmon, WA
  • Posts 20
  • Votes 9

I absolutely agree that in that scenario you are quite correct.  In this case we have no Lease Agreement and no money exchanged or accepted (the only signature I have is the tenants on the Rental Application and on the Fee Disclosure Addendum) I signed nothing.  Tenants Application Fee was also returned.