Posted by
Diana Malhabor

Can landlord NOT accept a Lease Application if they are roommates?

Both roommates qualify in the tenant criteria and nothing was mentioned in the tenant criteria about Not Accepting Roommates - Is this discrimination?

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Can landlord NOT accept a Lease Application if they are roommates?

By Diana Malhabor   
Posted on Apr 12, 2021 in Topic: General
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Both roommates qualify in the tenant criteria and nothing was mentioned in the tenant criteria about Not Accepting Roommates - Is this discrimination?

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  • Yes the property management company responded by they ONLY Rent Families NOT to roommates. Both roommates all qualify with credit, 5X income and rental history and work history. Not Leasing to Roommates s not stated on tenant criteria form.
    about 1 month ago
Status: Open
Viewed: 573
Asked by: Consumer
Posted: 1 month ago
Topic: General
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Bronze
Tracie Benton
about 1 month ago
Hello Diana! That is a good question! The landlord usually goes through a selection process based on income, credit and background. The landlord could have chosen the best applicant for the property. I would need more information to in regards to your discrimination situation. I hope this helps


about 1 month ago
Bronze
Jenna Horton
about 1 month ago
I agree with the answer above. Also, try to ask if there was something your applicants could have done/had to make them a stronger candidate. I hope this helps.


about 1 month ago
Silver
Doris Snipp
about 1 month ago
Every one living in the rental over the age 18 is to submit a lease application.


about 1 month ago
Silver
J. Lindsey
about 1 month ago
I would highly recommend rejecting on something else. Familial status is a protected class!


about 1 month ago
Bronze
Kristin Tidwell
about 1 month ago
My experience is they can reject an applicant for any reason but they don’t always say why? Did they say it was because they were roommates?


about 1 month ago
Silver
Pauline Clement
about 1 month ago
A landlord can reject an applicant. However, an applicant should not be rejected by a landlord based on bias dealing with any of the protected classes.


about 1 month ago
Bronze
Melissa Chavez
about 1 month ago
Good question! It is all up to the owner/landlord on which applications he wants to review. Typically, if a room mate is over 18years old and meets all qualifications, the landlord will review and accept an application and review all information submitted. It has been my experience with tenants and roommates, that a landlord has always accepted applications, reviewed and makes his decision based on if all tenants meet his rental criteria qualifications.
Hope this helps, and good luck!


about 1 month ago
Bronze
Laura Coria
about 1 month ago
Landlords will typically look at a combination of things such as rental history, income, credit and run a complete background check. Also everyone over the age of 18 must submit an application. Each landlord will have a certain criteria they are looking for. Some landlords require a high credit score of 660 - 700s while others accept lower credit scores. The Realtor assisting you should be able to gather information based on your situation to help avoid getting denied.


about 1 month ago
Bronze
Ross McEathron
about 1 month ago
There’s not enough information to say for sure so as always, they should consult with an attorney if they feel like they were discriminated against.

If the roommates were two unrelated college students moving into a single family home, I think they would be within their rights to reject them. If they were a couple, they would fall into a protected class and would increase the odds the landlord discriminated against them.

In any event, we as agents need to be on the alert for discriminatory behavior by landlords and should advise them to seek legal guidance when we know they are being discriminatory.


about 1 month ago
Bronze
Koshy Oommen
about 1 month ago
To give you a one word answer, YES.
If the Landlord is open to leasing the property to roommates, then each roommate will have to submit an application. This is particularly expected for properties near a college, or a medical center. Leasing to roommates outside of this area is risky for the Landlord. What if one roommate vacates in the middle of the lease term? It's not easy to find another one. This is why Landlords can reject any application if it doesn't meet their criteria.


about 1 month ago
Bronze
Carlotta Matejka-Kaldor
about 1 month ago
Both parties would need to qualify and be on the lease. I one of the parties do not meet the stated qualifications provided prior to application then a landlord can deny the lease.


about 1 month ago
Bronze
Brianne Merck
about 1 month ago
If it is a part of their qualifications, yes they can.


about 1 month ago
Bronze
Jorge Diaz
about 1 month ago
A landlord can reject an application if (any of) the applicants do not qualify . All prospective tenants are required to be included as qualified applicants on the lease application.


about 1 month ago
Gold
James Meador
about 1 month ago
Hi Diana!

This is a great question. There are several classes which are protected by federal fair-housing laws. Federal fair-housing laws make it illegal for the landlord to choose tenants based on their race, color, sex, national origin, religion, handicap, and familial status. There are some classes which are NOT protected by federal fair-housing laws.

In your case, unfortunately, an owner may lawfully have a policy of not renting to adult roommates unless they are married (by marriage certificate or common law). That said, the landlord must treat ALL tenants the same, meaning he/she cannot reject your application because you are adult roommates, but then later on lease to other adult roommates. That would be unfair and discriminatory.

If you feel you have been discriminated against, your best bet is to consult an attorney and they can tell you whether or not you have any legal recourse.

Hope this helps!


Source:


https://www.texasrealestate.com/members/legal-and-ethics/resources/legal-faq/fair-housing/

about 1 month ago
Diamond
Joe Applewhite
about 4 weeks ago
I too have had clients rejected because they weren't allowing roommates. This is a weird one. Only thing to do is ask a lawyer at this point, but do you really want to go thru with all of that? Landlords can be picky for odd reasons sometimes.


about 4 weeks ago
Bronze
Byron Jackson
about 3 weeks ago
Denying an applicant for just about any reason, as long as it's not a protected class issue, is okay for a landlord to do. All they have to say is that they don't meet their qualifications for approval.


about 3 weeks ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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