Legal Question in Real Estate Law in Florida

Situation in brief:

Family of 2 offered applied for approval to rent my apartment in Miami condo. We submitted application to the Board for approval. Prospective tenants were rejected due to the low credit score, wife 750 and husband 650. I own this Condo for 15 years, its paid off and never violated anything. Question: how legal is for Condo to reject prospective tenants due to credit score of one of the family while other family member has it 700+.

Credit scores issue is not mentioned anywhere in governing documents as a criteria for approval and Board placed this 700+ requirement on application at the top.

As of my understanding and research Board actions are illegal.


Asked on 4/02/15, 7:21 pm

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

If the Board has right to approve or deny tenants, it probably has the right to define the objective criteria. Credit is considered one "non-discriminatory" screening basis. However, the Board's rules must still be reasonable, and not arbitrary or capricious. You might want to ask for a copy of the board rules. If there is a rule requiring all occupants to have a minimum credit rating, then you may have more of a problem challenging it.

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Answered on 4/03/15, 5:16 am


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