Question on renting when the landlord has multiple applications

[Hari Sarvotama]

I applied for renting a home and paid $80 for background check through an Agent. The Agent confirmed that there are no other applications that time. Looks like, another applicant also applied and they also paid for background check. Now the landlord tells me that both applications are under consideration and he has to reject one. My questions are:

1. Is it legal for the landlord to accept second application when I have paid for background check?

2.The future landlord does not have any reason to reject since we have clean background. In multiple application scenerio, on what legal basis the Landlord can reject an Applicant? Can they reject on basis that the other applicant has offered to pay more? Is it legal?

Thanks

[Kyle J.]

@Hari Sarvotama You didn’t mention where you’re located and that can make a difference.

For example, in my state (like most states), there’s no state law that prohibits a landlord from collecting multiple applications and then selecting the most qualified applicant. Provided, of course, that the landlord isn’t discriminating based on any protected classification (i.e. race, religion, gender, etc).

However, some individual cities (like Seattle for example) have passed ordinances that require landlords to use a “first come, first served” type of system and basically accept the first qualified applicant that applied.  But there can be nuances and exceptions in even those ordinances.

The best thing to do is research the local landlord-tenant laws for the specific jurisdiction where the rental you’re applying at is located in. That’s the only way to know for sure.