Can i decline an applicant due to the number to occupants?

[Alfredo Diaz]

Hello BP Community!

There are a few threads about this topic, but I haven't found one specific for my scenario. 

I have two applicants, both meet all minimum qualification standards. One applicant will be living with 3 other adults (4 adults total), the other applicant will be living with another adult (2 total). 

I am leaning to rent to the 2 person over the 4 person applicant, due to wear and tear on the house. 

Is it legal to decline an applicant due to the number to occupants, if there is another applicant with fewer occupants that meet the min qualification standards?

The home is a 3/2 so technically it can house 6 people. House is in Florida.

The 4 person applicant also has pets. The 2 person applicant does not have pets.

Is it legal to decline an applicant if they have pets since there is another applicant with no pets?

I allow pets in my property. 

Any feedback two my two questions would be much appreciated!

Thank you all

[Thomas S.]

It's your property, it is your responsibility to set the screening criteria and choose th emost suitable applicant. In this situation you are selecting the two person applicant not rejecting the 4 person applicant. Never make business decisions based on fear. Your property, your money, your risk.

Let them know the unit has been rented and is no longer available. Never give any applicant a reason for not selecting them. This will always avoid any accusations of unfair treatment.