Flipper/Rehabber · Eagle Mountain, UT · Member since 2018 · 19 posts · 11 votes
Hi all!
My wife and I have an ADU in our basement and we're getting ready to get our third family in there as our current tenants are moving soon. We're wondering if there's any law that would prohibit us from requesting (not requiring) the birthdates and names of children that will be coming with the new tenants? I know the fair housing laws state that we can't require documents of minors. The reason we're asking is we would like to be able to get them little gifts on their birthdays.
@Daniel Pearson We always request names and birthdates for minor children and we list them as occupants on the lease (not responsible parties). We do this because if there is ever an emergency, we want to be able to account for everyone who resides at the property.
@Daniel Pearson We always request names and birthdates for minor children and we list them as occupants on the lease (not responsible parties). We do this because if there is ever an emergency, we want to be able to account for everyone who resides at the property.
@Daniel Pearson This is just my opinion as a father. I know nothing on the legality... If you’re going to do this, only ask after accepting the family. I would hate to feel pressured into providing information about my child. I know you might mean this totally voluntary, but it won’t feel voluntary if you ask prior to accepting the applicants. As mentioned by someone else, be sure to be clear that you’re just doing this because you like to get a small birthday gift.
I don’t mean to be negative because it sounds great that you want to do this. I would personally feel strange if someone asked me about my child’s birthday.
I do not ask about the child's birthday, only their age at the time of the lease signing. I list 'other occupants' on my leases and it can be an elderly parent (example: those with dementia are not put on as a party to the lease as they are not competent to sign), adult or minor children (example, adult child who is a college student, no job/income, does not contribute to rent).
I have not had to complete an eviction for a family with 'other occupants' yet, but I think that evicting the named adults who are lessee and 'other occupants' without names would work.
I can not think of a reason to have a birthday for an other occupant, age seems to be fine.
@Account Closed I said we request it, we don't demand it, so if someone wants to opt out, we let it go. We do it as a precaution to have a record of who lives at the property for emergency purposes. The children are listed only as minor occupants, not responsible parties to the lease. Perhaps what you are referencing is more in line with lease agreements where children (possibly of legal age) were attached to an eviction record simply because they were required to sign the lease too. What you are asserting is not necessarily the case in all situations.
@Account Closed I said we request it, we don't demand it, so if someone wants to opt out, we let it go. We do it as a precaution to have a record of who lives at the property for emergency purposes. The children are listed only as minor occupants, not responsible parties to the lease. Perhaps what you are referencing is more in line with lease agreements where children (possibly of legal age) were attached to an eviction record simply because they were required to sign the lease too. What you are asserting is not necessarily the case in all situations.
It could also be a case of where the adult has assumed their child's identity because their life/credit/arrest/conviction record is so bad they can not get by under their own name. Unfortunately a lot of loser parents destroy their own kid's records too.
Thank you all for the responses. After reading your responses, we decided to put it on the lease and have it worded such that Tenant is the responsible party, and they and their children are listed as occupants. We did ask for names and birthdates.
Thanks for asking this question. I had the same. I include a section in my lease asking for the names and ages of every occupant for accountability and anyone over 18 would also be responsible to ensure the rent is paid.