Can I select tenants based on length of lease?

Question

First time landlord here. I've been reading about all the Fair Housing Act nuances, and it's got me worried about accidentally discriminating against a potential tenant. I've heard that you're supposed to have a set of written screening criteria, and then lease it to the first applicant that meets your guidelines.

So my question is, let's say I have 2 applicants that are acceptable. The one who submitted his applicant first can only do a 12 month lease, but the second applicant is willing to do an 18 or 24 month lease. Can I decline the first applicant, and go with the second, based on length of lease? Or am I required to lease with the first applicant since he meets my guidelines?

George P. · Answer

yes. at least i do that all the time. i dont care what they are like. i am making more money if they stay longer. end of story.

keep all your records, notes, that will help if anything happens.

Jon K. · Answer

I once applied to rent a condo, and the owners/agent told me some couple offered a 2 year lease for more money than advertised rent and they were going to rent to them instead. I was understanding about it.

They owners also worried I was too young. I don't think you're supposed to use age, but it happened friends and I often back then. I think they used rental history or income regarding my youth. Frankly, I was indeed too young. I'm glad they turned my down. I wasn't exactly clean and careful with rentals at that age. I haven't heard of lease length as discriminatory though. I like the others' suggestions of lease length being in your pre-determined criteria.

Also true that someone could sign a few year lease, but walk away due job, family, etc. issues. I suppose you could send that to collections. Or, they could sign a few year lease then be nothing but a whiney pain in the butt.

I had someone rent once who wanted a short time place-- she ended up staying over 2 years. I rented from someone once and let my lease go month to month... I stayed several years.

Eric Blackford · Answer

As long as you're not discriminating against someone based on race, color, religion, sex, national origin, familial status or handicap, you won't run afoul of the federal Fair Housing laws. And, as was said, keep good notes and records.

Shanequa J. · Answer

Ben B. I would rather do the 12 month lease because the tenant could end up being a deadbeat. If they want to stay after a year, sign another lease. Remember just because they sign a longer lease doesn't guarantee that you will be paid the whole time or that they won't cause you any trouble. I would like to do month to month. From what I've read, it's easier to get rid of them. 1 tenant is month to month (3years) and 1 has a 12 month lease (1 year).

Steve Babiak · Answer

Yes, as the others have posted, you can have a lease duration as part of your rental criteria. Best to have that BEFORE anybody fills out any application.

But keep in mind that just because somebody says that they will stay for longer, that doesn't mean that they will actually fulfill that.  If they lose their job and have to relocate, they will move before the lease is up.  After all, the remedy for default on the lease is ... eviction, and that means getting them out anyway ...

Jon Klaus · Answer

Yes, the lease term is up to you.

Can I select tenants based on length of lease?

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