Landlords have the right to reject rental applications for various reasons, though they can’t discriminate against applicants based on race, religion, sex, national origin, or familial status. They may deny tenancy if the applicant has a history of property damage, noise complaints, late rent payments, or criminal behavior. Landlords may also reject applicants with bad credit scores, insufficient income, or a lack of rental history. Sometimes, an application may be rejected because the landlord feels the applicant is not a good fit for the property or the other tenants.
Fair Housing Laws and Protected Classes
Landlords are prohibited from discriminating against tenants based on certain protected characteristics under fair housing laws. Protected classes include:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status (having children under 18)
- Disability
It is illegal for landlords to:
- Refuse to rent to someone because of their protected characteristics.
- Offer different terms, conditions, or privileges of housing based on protected characteristics.
- Harass or intimidate tenants because of their protected characteristics.
Landlords must allow tenants to have reasonable accommodations for their disabilities and must make reasonable changes to their policies and procedures to accommodate families with children.
| Protected Class | Discriminatory Action |
|---|---|
| Race | Refusing to rent to a family because they are Black. |
| Color | Charging a higher rent to a tenant because they are Hispanic. |
| National origin | Refusing to rent to a tenant because they are not a U.S. citizen. |
| Religion | Harassing a tenant because they are Muslim. |
| Sex | Refusing to rent to a woman because she is pregnant. |
| Familial status | Charging a family with children a higher security deposit. |
| Disability | Refusing to rent to a tenant who uses a wheelchair. |
If you believe you have been discriminated against by a landlord, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Incomplete or Inaccurate Application Information
Landlords can reject an application if the information provided is incomplete or inaccurate. This is because they need to make sure that the applicant is a reliable and responsible tenant who will pay rent on time, take care of the property, and follow the rules of the lease.
Some examples of incomplete or inaccurate application information include:
- Leaving fields blank on the application form
- Providing false or misleading information
- Failing to provide required documentation, such as proof of income or employment
Landlords are not required to accept applications that are incomplete or inaccurate. If an application is rejected for this reason, the landlord should provide the applicant with a written explanation.
Here are some tips for avoiding incomplete or inaccurate application information:
- Read the application form carefully and make sure that all fields are filled out completely and accurately.
- Be honest and truthful in your answers.
- Provide all required documentation, such as proof of income or employment.
- Make sure that you understand the terms of the lease before signing it.
By following these tips, you can increase your chances of getting your application approved and finding a new place to live.
| Reason | Explanation |
|---|---|
| Missing or incomplete information | The application form must be filled out completely and accurately, with all required information provided. |
| Inaccurate or false information | Providing false or misleading information on the application is grounds for rejection. |
| Lack of required documentation | Applicants must provide all required documentation, such as proof of income, employment, and identity. |
| Negative rental history | A history of late payments, property damage, or evictions can lead to rejection. |
| Criminal record | Certain criminal convictions may disqualify an applicant from renting a property. |
Negative Credit History
A landlord may reject an application due to a negative credit history. This is because a negative credit history indicates that the applicant may be a high-risk tenant who is more likely to default on rent or damage the property.
- A landlord may consider factors such as:
- The severity of the negative credit history. For example, a single missed payment is less likely to be a concern than a history of multiple late payments or defaults.
- The age of the negative credit history. Older negative items are less likely to be a concern than recent ones.
- The applicant’s explanation for the negative credit history. If the applicant has a reasonable explanation for the negative credit history, such as a job loss or medical emergency, the landlord may be more willing to overlook it.
Rental Background
A landlord may reject an application due to a negative rental background. This is because a negative rental background indicates that the applicant may be a nuisance tenant who is more likely to cause problems for the landlord or other tenants.
- A landlord may consider factors such as:
- The severity of the negative rental history. For example, a single late payment is less likely to be a concern than a history of multiple evictions or lease violations.
- The age of the negative rental history. Older negative items are less likely to be a concern than recent ones.
- The applicant’s explanation for the negative rental history. If the applicant has a reasonable explanation for the negative rental history, such as a job loss or medical emergency, the landlord may be more willing to overlook it.
| Factor | Positive | Negative |
|---|---|---|
| Credit History | High credit score, no missed payments | Low credit score, missed payments, defaults |
| Rental Background | No evictions, no lease violations | Evictions, lease violations, property damage |
Criminal Record and Eviction History: Can a Landlord Reject an Application?
As a general rule, landlords are allowed to reject rental applications that pose a significant safety risk to their property or other tenants. Criminal history and prior evictions are common reasons for landlords to reject applications. Keep in mind that the following information may vary by state and local laws, so it’s a good idea to consult with a local housing attorney before making any decisions.
Criteria Considered by Landlords
- Landlords often use criminal background checks to find if an applicant has been convicted of certain crimes. The relevance of the crime, the date of conviction, and the severity of the crime all factor into the landlord’s decision. Laws vary from one jurisdiction to another.
- Landlords can also reject an application if the applicant has been evicted from a previous rental property. Evictions can indicate a pattern of unreliable tenancy and difficulty following rental agreements.
Ultimately, the landlord has the right to choose their tenants. They are legally obligated to consider all applications fairly and not discriminate against applicants based on race, color, religion, national origin, sex, familial status, or disability.
Local Laws Vary
Some jurisdictions, such as California, have strict ordinances protecting tenants from being automatically denied housing based on criminal records and prior evictions. Other cities and counties have “fair chance” or “ban the box” ordinances that prohibit landlords from asking about an applicant’s criminal history until after a conditional offer of tenancy has been made.
Landlord’s Obligations
- Landlords must be consistent in their application process.
- Landlords must keep accurate records of all applications and decisions.
- Landlords must abide by all state and federal laws, including fair housing laws.
Tenant’s Rights
| State | Criminal Record | Prior Eviction |
|---|---|---|
| California | Landlords cannot deny housing based on an arrest record, conviction record, or juvenile record. | Landlords cannot deny housing based on a prior eviction that was more than 3 years ago. |
| New York | Landlords cannot deny housing based on criminal convictions that are more than 7 years old. | Landlords cannot deny housing based on a prior eviction that was more than 5 years ago. |
If you’ve been denied housing because of your criminal record or eviction history, you may have legal options. You can file a complaint with your local fair housing agency or contact a housing attorney for advice.
Well, folks, I hope this little article helped shed some light on the murky waters of landlord-tenant relationships. Remember, every state has different laws, so be sure to do your research before you take any action. And if you find yourself in a sticky situation with a landlord, don’t hesitate to reach out to an attorney or your local housing authority. Thanks for reading, y’all! Be sure to swing by again soon for more legal tidbits and life advice. Take care, and remember, knowledge is power.