How to ask about 'EX-spouse' or biological parent.

Question

Hey everyone. I have a question. My husband and I have had several rental properties for about 10-15 years now. We have a property that is vacant and have several people look at it. One potential tenant is a single mom of one child. She is very nice, polite and has a good job and is going back to college to better herself for her and her child. In doing the background check, we came across the child's biological father and looked him up. He has several Civil and Criminal records that concerned us. My question is: Can we ask the potential tenant about the child's father? If so, what is a polite but discreet way to do it? I don't want to get into any trouble asking, if it is against the law.

Thanks in advance.

Caroline Gerardo · Answer

She's going back to school? How is she paying the rent? I would not count on the ex and I would not ask about him.

Patricia Steiner · Answer

Absolutely, positively do not do it.  And, don't ask anyone about criminal history.  Let it be part of the screening but don't ask. The "hottest" class action lawsuits against landlords are denial of housing to those with criminal convictions.  If they have served their time, their debt to society has been paid and you have no right to hold it against them - is the argument that is winning large settlements.  Considering that she didn't commit the offenses, he will not be on the lease, and it appears they're not legally married, you would be discriminating against her based on association.  If you're uncomfortable with the situation, find a stronger candidate and be done with it.  Stay in your lane and expect your tenants to stay in their's.

Bottom line: is she qualified? Does she meet your qualification standards? Is she the strongest candidate?

Don't go outside of the Fair Housing Act.

Patrick Page · Answer

I am not a lawyer, but it's important to be aware of the fair housing laws in your state and the laws that protect applicants from being discriminated against on the basis of race, color, religion, national origin, gender, age and other protected identities. If a decision is being made to deny an applicant because of these categories then that could be a violation. Best practice for screening tenants is to come up with a system that is used for every applicant to make sure that each application is treated the same.

Angie Cranford · Answer

The child's father is not applying for tenancy, but I just didn't want any problems to arise if he was still in the picture.

Matt Devincenzo · Answer

The only question I would have, is 'is the child's father being considered for tenancy'? If not then he could literally be the worst person in the world, and it doesn't matter. If he is, then the follow up is I need a full and complete application for him too...at which point I would deny if there were problems.

How to ask about 'EX-spouse' or biological parent.

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