How do I legally decline a tenant with past evictions?

Question

This applicant lied on the application, and I believe provided doctored paperwork. All references came back great, and I spoke to the existing landlord who was sorry to see them go.

There were several red flags: A bankruptcy (which I would have forgiven). They insisted on providing their own credit report. They live nearby but refused to have me drop off paperwork. They could only provide 1 past landlord, previous ones had all moved.

So, I decided to do a web search, and found them named in two housing lawsuits, both for non-payment of rent. One is currently going on, the other 2 years old. So they lied about their residence and had a friend act as their current landlord on the phone. The other non-payment of rent was at a prior address that they gave me, so I know it is the same person.

I asked them, verbally and in the application, if they had ever gone to court for non-payment of rent. They both said no...

I know it seems like a no-brainer, but I want to be sure it is legal to decline them based on this information, and how to word it correctly in the decline letter. Should I confront them about it?

Answer 1

Contact the local housing authority in your county. Or the county attorney and ask for free advise.

Answer 2

print out what you have detected and present it to them for an explanation then say based on what I have learned, I cannot rent to you.

Answer 3

Yes it is legal.  If they ask you why, just present what you found.  

Answer 4

It's your apartment, it's your decision.  They have no legal ramifications against you should you not rent to them.  That's the beauty of being the landlord...you can decide who gets to live in your rental property.  You don't even have to give them a reason.  Or you could say "after a complete background check we have decided to rent the property to someone else with better qualifications".  But seriously, you owe them no explanation.  

Answer 5

As long as you are not turning them down because they are (or are not) of a specific race, specific religion, disability, or any other legally protected class, you don't have to worry about it.

Just tell them that they do not qualify for an apartment.  If they take you to the housing board or court, simply show the authorities the reasons you turned them down--bad credit and falsified application.

Answer 6

They were not truthful with you, and you need to be able to pay your mortgage by your tenants paying their bills.

You can just rent to someone else.  Keep a paper trail on what you have found out.  Advise them in writing that the information they provided on their application came back negatively and that you are not able to rent to them.

Best of luck to you.

Answer 7

There's nothing to confront....just tell them they don't qualify and that's that. I highly doubt they will try anything legal against you..just keep copies of what you find and keep it in their file...you do have a file for unqualified applicants don't you?

Answer 8

Tell them your still checking out other applicants and haven't made a decision yet.

Answer 9

You can decline them for falsifying an application.  Good enough.

Answer 10

You have every right to decline them on the grounds you mentioned.

You don't even have to be particularly nice about it.

Just keep a record of your reasons written down with their application.

Answer 11

lied on the application that's reason enough to decline them  

Answer 12

Deny based on false statements.  It will stand up in any court.