Can I have different requirements for married/unmarried couples?

Question

I have an unmarried couple wishing to rent a place I have in Missouri. I have asked for 3x income from each of them. With a married couple I would only ask for 3x income in total. Is this a legal request?

BACKGROUND: I just relisted this house after an umarried couple broke up two weeks after they moved in. The remaining party was unable to pay rent and I lost my shirt. Fortunately, I made a deal and was able to get the remaining person out after he failed to pay rent, but I took a beating since I'm already cash flow negative on the property for various reasons.

Chris Mason · Answer

Sounds like discrimination based on marital status to me, which is lawful (or not) depending on your state.

Mark Bookhagen · Answer

@Joel Griffiths I definitely wouldn't do that and delete any ad that has that in there (craigslist, etc)., You're asking for trouble. Note: they are both separately and fully responsible for 100% of the rent. The rent is one number, not one number divided into two parts.

Russell Brazil · Answer

I cant find the case law....but Im pretty sure different district federal courts have ruled completely differently on whether marital status falls under the category of familial status.  So basically, like Chris says, it depends, not just on state law, but also on the whims of the court.

Oscar Pinto · Answer

I thought is would be illegal, but apparently according to NOLO.com marital status is not protected under The Federal Fair Housing Acts (42 U.S. Code § § 3601–3619).

Check your local laws though. What city / township , state is this in?

https://www.nolo.com/legal-encyclopedia/free-books...

Andrew B. · Answer

Interesting read. Thank you. I had always assumed marital status fell under the umbrella of familial status.

Joel Griffiths · Answer

@Mark Bookhage

Are you sure about that? I cannot find any indication this is illegal in my state, county, city, or federal laws? Do you have a reference? I'm aware this could be a problem in New Jersey, New York, or California, but I cannot find anything that says it would be illegal here.

Anna Buffkin · Answer

@Joel Griffiths

No advice, but I have been there.

I have a property that I think is cursed toward relationships.  2 relationships back to back ended on my property.  One was a long marriage (over 10 years) with kids involved.  It has also been the site of at least 3 domestic violence calls.  At least one of those couples are still together though.  Our current tenant is a single mother, but my husband joked if I rented it to another couple they would have to sign a disclaimer.  I have owned this rental the longest, but among my other 9 units, only 1 lease was broken due to an ended relationship to my knowledge.

Thomas S. · Answer

One of my screening standards is to not rent to unmarried couples unless they have been living together a minimum 5 years.

Before I set that criteria each would have to qualify for the rental on their own merit as you have suggested.

Is it legal, who cares you have to protect your business. Screen them individually and if they do not pass you reject them without telling them why or wait till someone qualified passes and then tell them the unit is no longer available.

Never tell a reject applicant why they did not get accepted.

Can I have different requirements for married/unmarried couples?

Most Popular Reply