Illegal Tenant Discrimination

State and federal fair housing laws make it illegal to refuse an applicant rental accommodation, a rejection that is based on the grounds of race, religion, ethnic background, gender, or simply because the applicant has a disabled child. In addition, certain state and local laws forbid discrimination based on marital status, sexual orientation, or age of the rental applicant.

As long as decisions comply with these laws and are based on legitimate business criteria, landlords have the freedom to choose from amongst prospective tenants. That is, a landlord is legally entitled to reject any prospective tenant with a poor credit history, insufficient income to pay the rent, or one, who is responsible for past misbehaviour, such as, damaging property, since business wise, such a person would be a bad risk. As well, if a landlord has a valid occupancy policy limiting the number of people per rental unit, a policy clearly tied to health and safety reasons, then again is sufficiently legal grounds for rejecting a tenant’s rental application.

What a landlord must remember is that selection standards, such as, the requirement for a minimum income and a good credit report, is to be applied equally to all tenants.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!