Qualifying tennants. Can I just say no?

Question

Newbie question. When prequalifying possible tennants I am running into some seriously crazy people. I've been able to disqualify all of them due to income amount, credit score, etc... However, I'm wondering if I can disqualify someone based on gut feeling? If they meet the standards we've set but are just obviously not a good fit, can I just say no? How do you tell them that? What if that person is a protected class? Will they claim discrimination? Any help is much appreciated!

Thomas S. · Answer

The very simple answer is yes you can reject any applicant based on bad feelings, smell, appearance as well as any other personal reason as long as you never, under any circumstances, inform them as to why you rejected them. In fact, when you get a bad vibe, if you do not reject them you are not doing a good enough job screening. What you never do is accept a applicant based on a good feeling,

When rejecting you simply inform them that their application has been rejected. You are not obligated to give a reason (except in some state regarding credit score)  and they are not entitled to any explanation. Never go there for any reason otherwise you are giving them ammunition to hold against you. They can make assumptions but can not hold something against you that you did not tell them. Ultimatly your screening standards should eliminate any applicant based on choosing the most qualified. Never select the first qualified as this will likely place you at risk. Review all applicants and choose the most qualified. Facts, figures and feeling are all important in protecting your investment.

Marcia Maynard · Answer

• Begin with carefully considered rental criteria, compliant with non-discrimination laws.
• Interview with questions that dove-tail with your rental criteria.
• If something comes up during the interview that reveals the person doesn't meet your minimum criteria to rent, let them know, so they don't waste any more of their time and yours.
• Ask meaningful questions that will identify those who will be a good match for you and your property.
• Tenant selection is all about screening well.  We do discriminate, but in a fair manner.
• We avoid saying "no", but we do say things like.... "That would be difficult for us." and "It appears you don't meet our requirements as per our rental criteria."
• If a person is "obviously not a good fit", but meet your minimum criteria to rent, you need to lawfully support your decision not to rent to them. 
• We all have our limits... I don't rent to people who have more tatoos than teeth. Not a protected class. :-)

Dennis M. · Answer

Just tell them they did not meet your criteria and therefore do not qualify . No reason to give them a long winded answer , in fact you may open yourself up to a discrimination suit if you say tell them you won’t rent to elderly ,sodomites, trans species weirdos , or the like

Nick C. · Answer

Make sure to document everything and let them know why they have been disqualified in writing. This doesn't mean they won't claim discrimination, but if they do it's better to have proof that you didn't discriminate.

Fred Krueger · Answer

Thats a very helpful reply and your last bullet point made me laugh! Thanks a bunch!

Qualifying tennants. Can I just say no?

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