Visible vs Non Visible Tattoos on Tenant Applicants

Visible vs Non Visible Tattoos on Tenant Applicants

Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes

Good morning all!

I do want to preface this with - I did search the forum briefly for a direct answer and found none. So if there is a thread about this, please let me know!

I was reading a few things about people rejecting tenant applicants with tattoo's.  Of course the discussion went into types of tattoo's (gang, artsy, sentimental). But I'm wondering how people define visible vs. non visible. And also if there are actual rules that can be defined from location and style.

I'm also assuming the differentiation between men and women matters too.  So where do people draw the lines of visible? For men, I personally consider a visible tattoo to be any tattoo that shows when a person is wearing a t shirt and jeans.  But then for a woman, I know that neck lines are usually lower, so even the collarbone area could be considered visible. 

Following up on that, in order to protect yourself, would you have to state clear guidelines? Assume I wanted only tenants without visible tattoos (no neck, face, hands), would I have to almost put a chart in the lease? 

I do want to say that I'm not against most tattoo's, and I try not to judge on tattoo's, but if a tenant has "MOM" tattoo'ed on his forehead... I'm assuming he may not be the best candidate.

Any and all thoughts would be greatly appreciated!!

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Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
10y

@Elizabeth Colegrove exactly correct.  I've met with rough looking applicants covered in tattoos and they turned out to be the best tenants.  They swing the 3X rent on the rental and come up clean in the background, who am I to judge?

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  • Rental Property Investor · Charlotte NC Fort Mill SC Lake Wylie SC, SC · Member since 2009 · 174 posts · 103 votes
    10y

    I'm pretty sure it violates Fair Housing Law to deny an applicant based solely on whether or not they have tattoos.  Please check your local FHL to see if they speak directly on that issue or not.  Personally, I don't care if someone has tattoos.  Although I am a leary of those with multiple facial tattoos.  But I'm just not sure it would be legal to reject them just for their body art.  Let me know what you find out.

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y

    Honestly I don't care. I don't see many of my tenants because they are sight unseen coming from out of state. If they can qualify financially, have great background and credit score, etc all good in my book :)

    In all fairness, my rents are $1200-$1800 a month so to qualify at 3X rents, my tenants make a significant income. I also require W2 income or if self employed tax records, so I haven't had to worry about looking for signs of illicit activitiies.

  • Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
    10y

    @Elizabeth Colegrove exactly correct.  I've met with rough looking applicants covered in tattoos and they turned out to be the best tenants.  They swing the 3X rent on the rental and come up clean in the background, who am I to judge?

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y
    Originally posted by @Robert Melcher:

    @Elizabeth Colegrove exactly correct.  I've met with rough looking applicants covered in tattoos and they turned out to be the best tenants.  They swing the 3X rent on the rental and come up clean in the background, who am I to judge?

    Plus we were all young and stupid at one time :) Some of just might have had more "learning" moments than others.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    Other than meeting an applicant who has "I killed my last landlord" tattooed on their face focus on other, more important factors when screening an applicant for your rental.


    Gail

  • Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
    10y

    Where were you reading this?   Seems like a pretty absurd way to discriminate.  tattoos aren't a protected class so it's probably legal but I really don't see any logic in it.   Not everyone that has tattoos is a criminal or in a gang, and if they are you can find that in the background report and reject based on that.  

  • Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
    10y

    I took a look at the FHL for my area and I don't think it violates anything.

    I was taking a look through the "Dumb things tenant applicants say" and then some other threads where people were not a fan of applicants with tattoos.

    I personally have tattoos and fully intend to get more in future years so please don't think I am discriminating against tattoo's in general.  Mainly just wondering what other people are thinking about the topic and the legality of it!

  • Investor · Denver, CO · Member since 2015 · 570 posts · 521 votes
    10y

    These guys have good reference from past landlord, have good credit and make 3 times the rent, yea or nay?

  • Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
    10y

    @Mike F. - that to me would be hard.  the one on top I'd probably be alright with? the one on the bottom I wouldn't, but that is because I don't want to associate with anyone who literally has "Racist" written on their face.  but then in that case is that discrimination? I'd guess not?

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    10y

    LOL! One of the more "interesting" threads on BP! I do wonder what Josh and Brandon have tattooed on themselves??

  • Investor · Denver, CO · Member since 2015 · 570 posts · 521 votes
    10y
    Originally posted by @Mark B.:

    @Mike F. - that to me would be hard.  the one on top I'd probably be alright with?

    the one on the bottom I wouldn't, but that is because I don't want to associate with anyone who literally has "Racist" written on their face.  but then in that case is that discrimination? I'd guess not?

    Now, now, can't take one without the other since they are relatives, they are Aryan brothers.

    The second guy,  it might wash off, I think Mike Tyson thought it would wash off the next morning.

    He, he...

  • Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
    10y
    Originally posted by @Mike F.:
    Originally posted by @Mark B.:

    @Mike F. - that to me would be hard.  the one on top I'd probably be alright with?

    the one on the bottom I wouldn't, but that is because I don't want to associate with anyone who literally has "Racist" written on their face.  but then in that case is that discrimination? I'd guess not?

    Now, now, can't take one without the other since they are relatives, they are Aryan brothers.

    The second guy,  it might wash off, I think Mike Tyson thought it would wash off the next morning.

    He, he...

    hahah I think Mike Tyson could "wash" it off those Aryan brothers. 

    But I do get your point, and that's why I'm interested to know what people's thoughts are on the subject.  Because yes, people from all walks of life have tattoo's and it doesn't necessarily dictate the type of person they are (although the Aryan twins....).

    and I would have to agree @Patrick L. (not sure if the tag will work) because even though shes an officer (and I would feel bad declining an officer), that would go against my financial qualifications (no security deposit)

    I do feel I need to add that I don't have any properties yet (looking to get started this year) so this isn't anything I'm currently dealing with or have in the past

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    @Mark B., I think it is a judgement call about denying someone based on tattoos. Being tattooed is not a protected class, so you don't risk court. It is always safer to use a concrete reason to deny an application, such as low credit score or not having 3X rent.

    I have 8 tattoos, and an 815 credit score. There is no 100% correlation between tattoos and a willingness or ability to pay rent.

    Screen your tenants carefully. If they give you the heebie-jeebies, trust your gut.

    A teardrop near the eye is supposed to symbolize having killed someone. I'd discriminate against that tattoo...

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y
    Originally posted by @John Thedford:

    LOL! One of the more "interesting" threads on BP! I do wonder what Josh and Brandon have tattooed on themselves??

     Josh has none. @Brandon Turner has two on his wrists. Looking at getting the new logo across his entire back, BiggerPockets for life!!!

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    10y

    If they have more tatoos than teeth, I reject them. :-)

    I once rented to a guy with visible scary looking tatoos and a small fake skull hanging from his car rear view mirror. I thought I should-could-would overlook these things that made me feel uncomfortable, because he passed my minimum criteria to rent and I didn't want to seem discriminatory on something which may not have merit. Darn it! He turned out to be a rotten tenant and I would have had to evict him if he hadn't skipped on his own. He was a rule breaker from day one.

    Look at the whole package. Some tatoos are indicative of a lifestyle of people I do not wish to have at our property. Not a protected class. Some criminal activity doesn't show up in background checks and some of the income that pays the rent may not come from legal sources. Thorough tenant screening is a must, but also trust your instinct.  Those proudly sporting scary looking tatoos do cause me to pause.

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    I only discriminate against Engineers from Pennsylvania.

  • Investor · Century, FL · Member since 2015 · 950 posts · 603 votes
    10y
    Originally posted by @Marcia Maynard:

    If they have more tatoos than teeth, I reject them. :-)

    I'm using that in the future!

    My only concern about tattoos is about facial tattoos and the ability to find a job if they lose the current one. 

  • Investor · Denver, CO · Member since 2015 · 570 posts · 521 votes
    10y

     Wait.. seriously?  They told me it was a tear from heaven, that they earned in the boy scouts for doing good deeds for the elderly... uh oh

  • Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
    10y
    Originally posted by @Sarah Ziehr:

    I only discriminate against Engineers from Pennsylvania.

    That's a very good group to discriminate against! Horrible bunch .

    not that I didn't know this before, but I think a lot of people judge even at the word tattoo.  There are plenty of doctors/lawyers/engineers with tattoos (not that those professions are always good people...) but the second someone hears tattoo they immediately think gang or thug.  It's interesting to me see the different ways people prescreen their tenants

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    @Mark B. Interesting... when I hear tattoo I think Hipster. 

  • Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
    10y

    So now I guess I want to ask it slightly differently.  Being that I don't fully know laws around screening tenants, I should be allowed to say no to the Aryan twins for their tattoo's but yes to the police officer with the ankle tattoo (assuming she did have the deposit of course)?

    Or do I need to make the rule very clear?  I guess the question (which I will definitely look into further) is that can you discriminate against non protected classes at your choosing or do you have to treat everyone the same?

    Other example would be applicant A and B both have credit scores of 800, great jobs, great references, both look perfect on paper.  One has a small nose ring, the other has a large nose ring.  Am I allowed to reject the large nose ring because I personally do not like large nose rings?

    but now this is off topic so I think i will just go research it separately!

  • Investor · Peachtree Corners, GA · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    I'm almost certain having piercings or  tattoos don't qualify for protected class under fair housing laws.  My personal opinion is why in the heck would you do that to yourself?  But it doesn't detract me from renting to someone.  If they present themselves as clean and neat (including vehicles) then that pretty well negates any body piercing or tattoos.  Obviously, there is some concern about their ability to find a new job if required, but that is overcome by stable work history.   

    Bottomline- though they are not a protected class and you may not personally approve, passing on a potentially great tenant because of tattoos is pretty dumb.  Now, if they had some MS-13 tats then I might change my mind. 

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    10y
    Originally posted by @Mindy Jensen:
    Originally posted by @John Thedford:

    LOL! One of the more "interesting" threads on BP! I do wonder what Josh and Brandon have tattooed on themselves??

     Josh has none. @Brandon Turner has two on his wrists. Looking at getting the new logo across his entire back, BiggerPockets for life!!!

     I am shocked. I KNEW Brandon would have "FOR RENT" with a box to pencil in the address of his newest acquisition:)

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    All kidding aside, fair housing is a serious issue and you should treat everyone the same.  

    As a landlord you want a tenant to maintain the property and pay their rent on time. Thats it! Who cares if they have tattoos? 

    If you want to complicate it and be a jerk by discriminating, then just know that all it takes is someone to FEEL that you have discriminated and you could find yourself up a creek without a paddle. 

    If you need more information- 

    https://en.wikipedia.org/wiki/Office_of_Fair_Housing_and_Equal_Opportunity

  • Engineer · Allentown, PA · Member since 2014 · 105 posts · 64 votes
    10y
    Originally posted by @Sarah Ziehr:

    All kidding aside, fair housing is a serious issue and you should treat everyone the same.  

    As a landlord you want a tenant to maintain the property and pay their rent on time. Thats it! Who cares if they have tattoos? 

    If you want to complicate it and be a jerk by discriminating, then just know that all it takes is someone to FEEL that you have discriminated and you could find yourself up a creek without a paddle. 

    If you need more information- 

    https://en.wikipedia.org/wiki/Office_of_Fair_Housing_and_Equal_Opportunity

    perfect answer! Pretty much sums up what I needed to know

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