Question:

Is it legal to be turned down for renting an apartment because of no rental history?

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My boyfriend and I are going to be moving in together soon and were told by one potential landlord that our application may not be approved (without even looking at anything else) simply because we have not prior rental history. Keeping in mind that neither of us have lived away from home before, is this legal or can it be considered discrimination?

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  1. Sure, you can be turned down because of no rental history.  The landlord is looking for tenants with a history of paying their rent on time, so he can pay his mortgage.  


  2. If the paperwork says that you may need references, they could require that to be from previous landlord for your rental history.  It isn't discrimination, especially if it is a private land lord.

  3. It's not discrimination because you're not part of a "protected class" and the reason given is a business decision that is non-discriminatory.


  4. Sorry to say, but credit history is the ONE area that discrimination is entirely and logically legal. Put yourself in the shoes of the owner of the apartment or home that is being rented.

    As landlord, you probably have a monthly morgage that you have to pay on the rental unit. You have to maintain it and respond to the tenant when something breaks down. If the tenant is late in paying the rent, you still have to pay the mortgage on time. If the tenant fails to pay rent, it can be months before they can be evicted and many times major repairs must be made to get the home in rentable condition again. In the meantime, you (the landlord) must continue paying the mortgage for the rental home.

    This is not to say that you would do this, but a credit history gives the landlord an idea that you are a responsible person that he/she could trust to pay on time every time.

    A co-signer might be an option until you have established your own credit history.

    Best wishes.

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