Legal Question in Landlord & Tenant Law in California

Reasons you can turn down an applicant

I turned down an applicant due to their ability to pay. Now they are threatening me with reporting me to the Dept of Fair Housing and law suits from their attorney because they are disabled. My decison was based on their ability to pay and not on their disability. I have a son who is disabled why would I not be sympathetic to their disabilities? Do they have any legal basis for the legal action they are threatening?


Asked on 3/11/09, 11:52 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Reasons you can turn down an applicant

You of course have the right to reject someone you honestly feel might not be able to pay the rent. But one must look at how you rejected them. Did you directly state to them that inability to pay rent was the reason, had you already found some potential renters who were better candidtes, did you say your wre listing allteh reasons for not accepting them as potential renters, did you correctly state that you were accepting their application but there were economically more qualified applicants, can you show that in the past you have rented to any disabled, minority, etc. people [citing your son's condition is worthwhile but they will say you put up with it only because he is your son and you love him].

You need to be very careful in how you handle such situations. In your case, be aggressive by sending a letter stating the economic reasons for finally accepting someone else and say that if in the future there is a vacancy do they want to be on the list of possible tenants.

If you are really very worried, it might be worthwhile to hire any atorney to spend about an hour writing such letters.

Good luck.

Read more
Answered on 3/12/09, 11:15 am
David Gibbs The Gibbs Law Firm, APC

Re: Reasons you can turn down an applicant

I hate to answer your question this way, but there are far too many factors that would need to be reviewed to tell you whether or not you have exposure. You need to review this matter with a real estate attorney right away before it becomes a complete nightmare for you. Its headed that way very quickly from your description.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 3/12/09, 1:08 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California