Legal Question in Real Estate Law in Florida
Rental agreement denied
How is it legal for an apartment complex's leasing office to deny individuals a leasing agreement because they've had some type of run in with the law over 5 years ago?
Especially if the individual was not convicted?
What law supports this and is it constitutional?
If this is legal what alternative does the individual
have and will they ever be able to rent an apartment
again?
2 Answers from Attorneys
Re: Rental agreement denied
Mr. Otero is right. A lease is an agreement to rent
and the general rule is that an apartment complex
can agree to rent to whoever they want to. There
are laws that apply to apartment complexes of certain
sizes that provide they cannot discriminate. However,
I am not aware of any law that says you cannot discriminate
against someone because of their having been arrested.
Re: Rental agreement denied
Short of violating some type of local, state or federal anti-discriminatory law, such as fair-housing laws, a landlord has every right to lease to whomever he or she wants to and, in fact, may have an obligation in some instances to perform a credit and other background checks for the protection of other tenants. Having said that, there are very broad interpretations regarding some of these laws, so I would recommend that you consult with an attorney in your area and provide him/her with all of the facts.