How do you deal with a difficult prospective tenant?

Question

I know what the laws are on rental discrimination, and I want to make sure I don't violate those laws. However, I have come across a couple interested parties that want to rent a unit that is currently available in a duplex of mine and I'm not sure if I can chose to not rent to these particular people or not.

One calls me in the middle of the night about wanting more information on the property and to schedule a showing. I was NOT happy, it woke the entire house up. I told her to call back during the day and reminded her was time it was. She did call back but it was past midnight again. I didn't answer. I can only imagine what kind of tenant she would be if she's calling at 3 AM to schedule a showing.

Another wants to purchase the unit from me. The unit is not for sale, only for rent, and anyway, the price she was offering me was under market value. I just bought this place a few months ago. She called me several times about selling the place to her, to the point where I just kept saying, "Sorry, it's not for sale. Sorry, it's not for sale. I'm not interested in selling." and had to hang up. Now she wants to rent it. Again, I really don't want to deal with a tenant that is this difficult and harrasses me.

Like I said, I want to be fair and not violate any sort of laws, but at the same time I don't want to ignore red flags like this and get myself into a hairy situation. I'm not a full time landlord, I just have these two rental units. Can I chose to not show the place to these people or opt out of renting it to them?

Answer 1

This is kind of a dicey situation.  Being annoying by itself is not a protected class, but do your homework on if they are part of a real protected class or not.

If they are, and you decline renting to them because they are annoying - they can claim discrimination on the other point weather it is true or not. If they are not part of any protected class, then you can decline them and not fear any discrimination suite.

Answer 2

While there ARE laws that don't let you discriminate based on race, age, s*x, marital status, family situation, kids, religion, or any other "protected" detail about someone, there is NO law to prevent you from turning down a prospective tenant for being just plain annoying.

In both situations, the tenants aren't listening to you or respecting YOU, and thus if they're this way now, can you Imagine what they'll be like later?

Maybe the first one will call you up at 3am because her water pressure is low...or because she can't get the window quite closed...come on!

The second one...well if you rent to her, she will want to press the lease-option issue, and will likely be VERY difficult to get out at the end of the tenancy or should anything go wrong. Also likely to be the type to want to re-do all sorts of stuff in the house, and probably more a liability to your house then anything.

There's nothing saying you HAVE to rent to people are cannot listen to basic instruction and communication.

Also consider the other tenant in your duplex...if these prospects are so disrespectful to YOU (their prospective landlord) imagine how disrespectful they could possibly be to your other tenants! Would you want to lose both tenants because you allowed one you weren't comfortable with?

I say tell them you have other prospects to consider and will get back to them. Also be sure to check their credit history and previous landlord's reports...there could be good reasons in either of those places as well which could get you off the hook if you feel you can't say no from this...

Answer 3

I always explain to prospective tenants that I'm taking applications. Then, when someone calls I've decided not to rent to, I just say someone else was better qualified.

You are not obligated to rent to these people. Irritating is not a protected category like race, gender, handicap, etc.

I always do background checks too. Not credit checks, but background checks at the local court house. Everyone's court history is public record, both criminal and civic. Our county has a couple of computer for public use for this purpose. You can see collection actions, evictions, speeding tickets, DUIs, etc, anything where it involved going to court. Virtually always, for people like this, I find they lied on their application. The trick is to ask on the application if they've ever been convicted, evicted, or been turned over to collections. I compare their answers against what I find in the background check and, if they're lying, I don't rent to them and that's a reason that will hold up in court.

Answer 4

I would just ignore both of them & not return calls. If they keep calling, say it is rented out!