Legal question for as a landlord in Nevada SFR

Legal question for as a landlord in Nevada SFR

Investor · Canoga Park, CA · Member since 2016 · 114 posts · 50 votes

I have a large 5 bedroom, 3.5 bath house for rent in Nevada.  I had someone call that is interested in it.  I asked how many people it's for and what the income is. It's for 1 person with the proper amount of income from disability.  The disability amount is more than most professionals make.   I asked why this prospective tenant wants such a large house for 1 person, and the answer was something like  I don't really have to tell you that.  If I have the income and want a house that size, I don't need to say why.  Is it legal for me to ask why 1 person wants such a large house?  As the owner, I'm wondering how the house will be used.  I want to follow the law, but want to know if legally I need to consider this type of renter.  

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  • Lender · San Diego, CA · Member since 2019 · 874 posts · 355 votes
    6y
    Originally posted by @Stacee Evans:

    I have a large 5 bedroom, 3.5 bath house for rent in Nevada.  I had someone call that is interested in it.  I asked how many people it's for and what the income is. It's for 1 person with the proper amount of income from disability.  The disability amount is more than most professionals make.   I asked why this prospective tenant wants such a large house for 1 person, and the answer was something like  I don't really have to tell you that.  If I have the income and want a house that size, I don't need to say why.  Is it legal for me to ask why 1 person wants such a large house?  As the owner, I'm wondering how the house will be used.  I want to follow the law, but want to know if legally I need to consider this type of renter.  

    You need to check with NV laws & Fair Housing Acts. You are in treacherous waters here ... the prospective tenant told you they were receiving disability making them a protected class so be careful. Now for what I know, Yes you can but you need to be careful how you ask the question and you need to be consistent. Keep in mind, however, that not all discrimination is illegal, so some questions that may not “sound right” may in fact be legal. Your question sounds personal, what about if they need a caregiver due to their disability? see where I'm going?

    "How many people would be living with you?" - "why this prospective tenant wants such a large house for 1 person" ...see the difference? 

    A landlord can limit the number of occupants for health and safety or legitimate business reasons. A landlord may not adopt a low occupancy standard if the result eliminates families with children or a protected class—

      20 Questions To Ask Potential Tenants:

    1. Do you currently rent, and if so, where?
    2. How long have you lived in your current home?
    3. Why are you looking for a new place to live?
    4. What date would you want to move in?
    5. What kind of work do you do?
    6. What is a rough estimate of your income?
    7. How many people would be living with you?
    8. How many people living with you smoke?
    9. How many parking spaces would you require if you rent here?
    10. How many pets do you have?
    11. Do you think your current landlord will give you a favorable reference?
    12. Does your current landlord know you are thinking of moving?
    13. Have you ever had an eviction?
    14. Are you familiar with our rental application process?
    15. Are there any issues I should know about before I run a background screening for all the adults in the household?
    16. Have you filed for bankruptcy recently?
    17. Will you be fine to pay our lease application fee of ($ amount) if you fill out the application?
    18. Would you be able to pay the security deposit of ($ amount) at the lease signing?
    19. Are you willing to sign a 1-year lease agreement?
    20. Do you have any questions for me about the process?

    Based on what kind of answers the caller provides, you may be able to save both of you a lot of time and energy.

    Trim the fat before you cook the steak, not after.

  • Investor · Canoga Park, CA · Member since 2016 · 114 posts · 50 votes
    6y

    @Guifre Mora Thank you.  The tone was argumentative and a bit hostile from the get to, so I want to be careful that I stick with whatever is legal. 

  • Lender · San Diego, CA · Member since 2019 · 874 posts · 355 votes
    6y
    Originally posted by @Stacee Evans:

    @Guifre Mora Thank you.  The tone was argumentative and a bit hostile from the get to, so I want to be careful that I stick with whatever is legal. 

     Yes, use a template to ask questions to be consistent with all applicants and keep records. Just like a hiring manager does they stick to a set of Q that are standard for all applicants. Remember there are scammers that will jump into the opportunity to sue you. 

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