LARGE Tenant Issue! ADA conflict?

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LARGE Tenant Issue! ADA conflict?

Jesse Waters
Investor · Aiken, SC · Member since 2014 · 398 posts · 120 votes

I have a rather large tenant in one of my units, he is around 500lbs and on housing assistance.  Shortly after he moved in he managed to put a foot through the fiberglass bath tub, which we replaced with a cast iron tub.  His lease is now set to expire and we have given notice that we will not be renewing his lease.  Mainly because his weight is causing too much damage to the property and he really need to be in a place that has a slab foundation not a crawl space.  

This one is a new one on me. 

Do any of y'all seen any issues or hang ups with us asking him to leave?  

Tenant is near Columbia, SC.

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Wayne Brooks
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
8y
I don’t know your state laws, but generally you don’t need a reason to not renew a lease, just give notice. On the other hand, I wouldn’t be on an easily findable site talking about this reason.
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  • Andrew R. LucasBusiness Member
    Investor · Columbia, SC · Member since 2016 · 675 posts · 320 votes
    8y

    @Jesse Waters I am NOT an attorney but have had experience with ada and other protected classes.  

    I don't believe Obesity is a specifically listed as a federally protected class.  However, obesity is often considered a disability and that requires special attention.  My opinion is that it would be unethical to not rent to someone just because of their weight.  You may want to carefully explain to him that he is responsible for damage to the property just like all tenants are.

    Another one of my non-lawyer opinions:  If you are not going to renew then you should do it based on the facts and "damage to the property".

    Remember to evaluate the income and costs of turnover vs keeping the tenant. 

    1Reply
  • Jesse Waters
    OP
    Investor · Aiken, SC · Member since 2014 · 398 posts · 120 votes
    8y

    @Andrew R. Lucas Thanks for your opinions.  We have decided to wait until housing does their inspection and see what repairs need to be made.  We have already replaced a tub, re-enforced a floor and have noticed some depressions in other parts of the floor.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    You're walking the line with a Fair Housing discrimination suit or complaint. Obesity would be considered a disability, particularly in a more liberal state. If everything else is OK, I would continue renting to him but make it clear he is responsible for damages..

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  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    I don’t know your state laws, but generally you don’t need a reason to not renew a lease, just give notice. On the other hand, I wouldn’t be on an easily findable site talking about this reason.
    2Reply
  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    8y

    He was asking for a friend.

    (Under your profile settings you can change it so just your last initial shows up rather than your full last name.)

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    I would simply issue the notice to not renew and move forward. As long as you do not give a reason and do not mention anything about his weight or the damage you should be fine.

    If you make sure you do not pass the welfare inspection, or inform them you will not be renting to S8 going forward, you will have a legitimate reason to not renew. 

    1Reply
  • Genny Li
    Baltimore, MD · Member since 2018 · 431 posts · 281 votes
    8y

    Obesity isn’t a protected class. You can make it a policy to never rent to fat people if you wanted. You’re also not required to have a handicap accessible single family home. 

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