Asking more for rent once you screen an applicant...Legal?

Question

I have had a few applicants for one of my rental properties that are in my B rate qualifications box. Is it legal to offer the property for rent to a potential tenant but raise the rent from what I had originally advertised the property for?

thanks.

Steve Babiak · Answer

Whether legal or not or discrimination or not, it IS an ADVERSE outcome for the applicant. The FCRA requires that you send the applicant a letter advising them of certain things due to an adverse outcome. Search for "FCRA rejection letter" and I suspect you'll see a sample or a few that would serve as a template.

Jody Young · Answer

If the applicants are in one the HUD protected classes, I think this could invite discrimination accusations unless you have a clear, concise, and written waterfall system that demonstrates your increases are based on any/all applicants criteria.

Brad Fry · Answer

Thanks for the input.  It sounds like if we start increasing rents and or deposits based on the tenants qualification we need to have a clear criteria documented on how we established the increase and keep it consistent for all applicants across the board. CYA

Hattie Dizmond · Answer

I agree with @Rhett Tullis about increasing the deposit, instead of the rent, and would add that you need to have your rental criteria clearly documented and be consistent in applying that criteria...otherwise you run the risk of accusations of discriminatory practices.

Rhett Tullis · Answer

i dont think it is illegal but they would not like it.  i often will ask a higher deposit of someone if there is an issue on their app i am not totally happy with just to guard against potential issues in the future.

Asking more for rent once you screen an applicant...Legal?

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