Renters want to take in foster kids. Helllp

Member since 2018 · 48 posts · 8 votes

I rented out a 3 bedroom, 2 bath house to a family with two adults and two children. The just sent me a text asking if they can take in foster kids. I never dealt with something like that before. The contract says no one else besides them can be there for over a week so it is my choice, what options should I consider for this, a rent increase per child, security deposit increased. They signed a 3 year contract and have an excellent rental history. Thank you, Gary.

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

1. Fair Housing specifically forbids discriminating against "familial status" which includes foster children. Fair Housing may not apply to you, but you should know for sure if you intend to deny their request.

2. They are excellent renters so there's no reason to deny their request and (as a former foster parent that has adopted three children) I would do everything I could to support them.

3. Family services will inspect the home and limit occupancy based on the number of bedrooms. There's likely going to be a limit of 1-2 foster children, depending on age, sex, and relationship.

I don't think you need to worry about anything. Most people taking in foster children are good, honest people that will take responsibility for any damage done.

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
What would you have done if they had another kid? There is nothing you can do unless they exceed the number of people allowed per house. If they want to take in 1 or 2 kids, that is their choice. There are lots of kids in the foster system and I think it is great that they are willing to welcome one into their family and give them a home.
I would clarify that they are only taking in one or two children. I assume that they pay for things like water that might increase with more occupants.
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Bryan Devitt
Contractor · Oxford, MA · Member since 2018 · 807 posts · 745 votes
6y
They want to take on the hell that can be taking in foster kids and you're asking if you can squeeze more money out of them? They have a 3 year lease, they're great tenants and apparently they're saints and you're looking for a way to gouge them? What lady the kids pop out of doesn't matter, you rented a house for $XXXX, be happy they're paying rent and are good tenants
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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
6y
Gary:
Most fair housing discussions I've seen related to occupancy indicate a reasonable occupancy is 2 persons per bedroom. So, if you choose, you could bend your lease to accommodate 2 more kids without having to worry about occupancy issues.
Instead of increasing rent, I would look at having the security deposit increased to protect against wear and tear. But, if you pay utilities, it might make sense to add a bit for the extra water / electricity.
Personally, I would use this as an opportunity to tear up that 3 year lease. In many jurisdictions any lease 24 months and longer basically conveys additional rights and a simple eviction is no longer feasible. Also, in these times of Pandemic, some times the only way you can deadbeat resident out is once their lease expires. You don't want to be waiting 3 years!
Good luck
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Gary R Uren
OP
Member since 2018 · 48 posts · 8 votes
6y
Sorry for asking, I am new to this. I would congratulate them if they had another kid. Taking in strangers seemed different. I am not trying to gouge them. From having 3 step kids and 10 grandchildren, I know that kids can cause some damage. Thank you Mr. Scott for the intelligent answer and not attacking me.
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Bryan Devitt
Contractor · Oxford, MA · Member since 2018 · 807 posts · 745 votes
6y
When you advertised the house did you say "maximum 2 adults and 2 kids"?
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Gary R Uren
OP
Member since 2018 · 48 posts · 8 votes
6y
No, just on the rental contract. I don't care if they bring in a couple kids, just wasn't sure how to handle it. They just sent me a text saying they want to bring in 5 Foster children.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
Originally posted by @Gary R Uren:
No, just on the rental contract. I don't care if they bring in a couple kids, just wasn't sure how to handle it. They just sent me a text saying they want to bring in 5 Foster children.

If they want to take in 5 foster kids in addition to two of their own in a 3 bedroom house, there will be problems. I can't see how family services would even allow that. One or two yes, but 5 foster kids...where are they all going to sleep? I'd phone family services (or whatever you call it in the US) and ask about number of bedrooms required for a family of 9, which is what they'd be. Don't give names or addresses, but simply ask hypothetically. Talk to them and say you don't have a problem with them taking in foster kids, but you can't see how 9 people would fit into a 3 bedroom house. You can also call the city to ask if there is a limit on how many people can live in the house (again do it without giving too many details).
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Patrick AlstonPro Member
Niskayuna, NY · Member since 2017 · 16 posts · 10 votes
6y
Before you call any family service, how about meeting with them and expressing your concerns. They could very well be fostering siblings or family members. Get all the facts and details before you act. They at least had the courtesy to ask about it. Give them the courtesy of a sit-down. They may even offer to increase the security deposit.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y
1. Fair Housing specifically forbids discriminating against "familial status" which includes foster children. Fair Housing may not apply to you, but you should know for sure if you intend to deny their request.
2. They are excellent renters so there's no reason to deny their request and (as a former foster parent that has adopted three children) I would do everything I could to support them.
3. Family services will inspect the home and limit occupancy based on the number of bedrooms. There's likely going to be a limit of 1-2 foster children, depending on age, sex, and relationship.
I don't think you need to worry about anything. Most people taking in foster children are good, honest people that will take responsibility for any damage done.
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3 Reply
Stephanie Jones
Property Manager · Memphis, TN · Member since 2020 · 80 posts · 32 votes
6y
In my experience, we work closely a family and manage the property they live in. They are some of the best tenants we have. Sounds like you have some great tenants and I wouldn't worry too much about this situation.
1 Reply
Julio Garcia
Rental Property Investor · Modesto/Stockton/Merced, CA · Member since 2020 · 456 posts · 214 votes
6y
Great responses all around.
0 Reply
Gary R Uren
OP
Member since 2018 · 48 posts · 8 votes
6y
Thank you. I spoke with the renters, we agreed to two adolescent children and two infants. We were going to buy a house next year so I told her that we would buy a 4 or five bedroom house or a house that we can convert to 4 or 5 bedrooms. I informed them that the rent will probably be higher for the bigger house. I'm sorry Theresa Harris if you feel that I am gouging her. I'm doing the best I can, the bigger house will probably cost more for purchase and repairs. I will be very careful about asking questions from now on.
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Joe S.Pro Member
Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
6y
@Gary R Uren You ask a reasonable question no need to feel bad about that. It’s your property your investment why wouldn’t you be concerned?
1 Reply
Gary R Uren
OP
Member since 2018 · 48 posts · 8 votes
6y
Thank you Joe, if it was just me, I wouldn't worry but I have 2 of our kids involved so I don't want to screw up for them and I don't want to screw the renters. That is why I was asking. Thank you everyone, I appreciate all the help except for the first couple responses.
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Gary R Uren
OP
Member since 2018 · 48 posts · 8 votes
5y
Well, they are taking in 5 Foster kids.
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Gary R Uren
OP
Member since 2018 · 48 posts · 8 votes
1y
Quote from @Bryan Devitt:

They want to take on the hell that can be taking in foster kids and you're asking if you can squeeze more money out of them? They have a 3 year lease, they're great tenants and apparently they're saints and you're looking for a way to gouge them? What lady the kids pop out of doesn't matter, you rented a house for $XXXX, be happy they're paying rent and are good tenants

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