I have a situation that i would love some inputs for....
I have a 2/1 in SF and I have an application from 3 youngish late 20 professionals...I dont really want to rent to them because I prefer 2 occupants... But my PM told me if I reject them, it is going to be a discrimination...
Thank you to ALL of you for care to spend the time to share your thoughts...
I was not trying argue with anyone, just simply trying to get educated...
How are 3 people going to share 1 bathroom? Seriously?
Are you joking with the bathroom comment, or can you really not imagine 3 people sharing 1 bathroom? I grew up in a family of 6 in a 3 bed 1 bath home. I'm certainly not alone in this either. There are tons of 3/1 homes that are rented to families of 4+. We have several 4/1's here in San Antonio, and some very large families rent them. You have to realize that a lot of tenants can't afford to live they way that you might be able to.
@John Clark, I agree with @Diane G. and respectfully disagree with your interpretation. IMHO you can have an income requirement that requires funds equal to the duration of the lease term (which could likely be around $50k or a little more than $4k/month for one year) as part of your policy as long as you apply it consistently.
I personally wouldn't use that type of income requirement. Our company philosophy is to try to make things more readily available for as much of a demographic as possible. We are rolling out a deposit free program at the moment.
"IMHO you can have an income requirement that requires funds equal to the duration of the lease term (which could likely be around $50k or a little more than $4k/month for one year) as part of your policy as long as you apply it consistently."
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I thing you will encounter that courts would not find requiring a year's lease amount in liquid assets separate and apart from income to be commercially reasonable. Rather, the court would find that such a requirement is a pretext, and had a disparate impact on a protected class (race).
Thought I gave everyone an update here - so after being on the market for 2 weeks, I got 6-7 applications... One applicant (husband and wife) is making $550K in annual income, and very slow and hard to work with.... So I went with another applicant who is a single lady making $250K....and yes I asked for bank statement, and she was able to show significant savings....
Now, I will have another unit coming on the market soon... Hope, but not sure, if I will get lucky again... Lol
In dealing with tenants are over-crowding a Rental; as far as I understand the law, where is nothing specific which forbids, nor requires how many live in a Rental, unless it involves local ordinances.Due to the U.S. law, unless amended in U.S. statute law; that it's Common Law, which arose in Britain, after Britain left the British Isles; this law system is more concerned with keeping control of who lives in Rentals, the way the British Lords once ruled over who lived on their estates. Hence, the term Landlord derives from this context in a Britain once ruled primarily by aristocrats. And for Present U.S. statute new laws, aimed at increasing tenants rights, the application of this law, as for Landlords, is that they use the same criteria with each applicant seeking to rent a Rental. Hence, it's a good idea to keep a running note book of who applied, & which ones were accepted, which ones were accepted, doing so, in the same criteria, which hurried note-writing can convey. And the purpose in doing this, is that you have proof, if called into court, in writing, that you have a unbiased way of selecting for tenants.And in any applicants which seem to be a problem; then have criteria which might reject applicants, without they being rejected on any basis which might end up in court over. In-other-words, write down in notes, another reason they are rejected than they are too many for the Bed-rooms of the Rental.Some Landlords use a point system, in rating applicants; but this is dis-liked, in that it can paint you into a corner, in a court-room, in that you might have rejected someone with an high score, & the court saying that you created your ownd point-system, & now you are forced to live by it. As for something which gives a recommendation, for how many can live in a Rental, but is not law; there's something called BOCA, which exists for subsidzed public housing in the U.S. And BOCA says a little over 100 square feet per tenant, is recommended, with any footage less that this, is not a good situation. And if you rent to who is the given number of square feet, & then once living in the Rental, invites into it, GOD-only-knows-how-many-live-there increased tenants; they you mostly only course is to evict everyone, who lives there, as means to end this abuse. And the law says that everyone so invited in, by tenants, are also automatically your tenants, as according to Common Law, going back into the Middle Ages. If you have bad tenants, who from the beginning, sought to over-pack a Rental, with many people living in it; then their behavior will never end, including with who were invited in, to over-crown the Rental. Hence, to get all of then out, in a mass eviction, is usually the best course.
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