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

Status: Open
Apr 12, 2021 Views6,685 Answer a Question

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

Addtional Details:
  • 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. - Apr 13, 2021
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Consumer
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General
About 2 years ago
Hi Diana,

Good question! All occupants over age 18 should submit a separate application, and if one qualifies and the other does not for whatever reasons (low credit, past history or evictions) then the landlord can reject that application. All of us are trying to minimize the risk.
Its good to disclose to the realtor representing you, any thing that may prevent you from getting qualified.

If you are still looking for housing, get in touch - Always here to help!

Abbas Naqvi
Realm Real Estate Professionals
281-235-4582
About 2 years 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 2 years 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 2 years 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!
About 2 years 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 2 years ago
If it is a part of their qualifications, yes they can.
About 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years 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 2 years ago
I would highly recommend rejecting on something else. Familial status is a protected class!
About 2 years ago
Every one living in the rental over the age 18 is to submit a lease application.
About 2 years 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 2 years 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
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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