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Updated 11 months ago on . Most recent reply

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Rob Harnden II
  • Rental Property Investor
  • Grayslake, IL
6
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13
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What do you do if only one applicant's credit score is high enough?

Rob Harnden II
  • Rental Property Investor
  • Grayslake, IL
Posted

I just listed a 3br house for rent. Until now, I haven't thought about how to handle it if not all of the applicants meet my minimum credit score. Should I just deny them all? Or, should I accept with conditions if one or more applicants do not meet the minimum credit score? Or, is there some other alternative?

  • Rob Harnden II
  • Most Popular Reply

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    169
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    Tim Baldwin
    • Attorney
    • Pensacola, FL
    98
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    169
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    Tim Baldwin
    • Attorney
    • Pensacola, FL
    Replied

    Accepting all applicants, when one or more of them is not qualified, could pose a problem in the future if the applicant/tenant who is qualified leaves the property with the unqualified tenant(s) remaining (it happens!). This happens when a married or non-married couple splits up while they're your tenants. In that situation, if the tenant who leaves is the "primary income provider" and doesn't continue helping the tenant who remains, the tenant who stays may not be able to afford living there. 

    That said, there are fair housing issues as @Christian Styles mentioned. In particular, fair housing issues may come into play when a husband and wife or "couple" apply jointly. Many times, one of them doesn't work or works part time or simply doesn't have the income and credit qualifications that meet your selection criteria, but the other spouse or person does as the "primary income provider". To deny their application in that situation on the basis that the non-income-providing person does not make enough income or having good enough credit could lead to a FHA complaint.

    There are provisions that could be put in the lease agreement that the lease terminates if one of the tenants vacates during the tenancy, but you should consult your attorney about putting that into your lease. Obviously, if the tenants fail to timely pay rent, you can enforce their obligations with a notice to pay.

    Your question is legal in nature, so I recommend that you consult your landlord or FHA attorney in your state about it. Best wishes.

    • Tim Baldwin

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