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

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

Investor · Peoria, AZ · Member since 2014 · 12 posts · 0 votes

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.

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Real Estate Agent · Owensboro, KY · Member since 2013 · 126 posts · 28 votes
12y

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.

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  • Rhett TullisBusiness Member
    Property Manager · Oklahoma City, OK · Member since 2013 · 1k+ posts · 617 votes
    12y

    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.

  • Investor · Dallas, TX · Member since 2014 · 2k+ posts · 1k+ votes
    12y

    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.

  • Real Estate Agent · Owensboro, KY · Member since 2013 · 126 posts · 28 votes
    12y

    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.

  • Investor · Peoria, AZ · Member since 2014 · 12 posts · 0 votes
    12y

    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

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    12y

    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.

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