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Old 05-27-2009, 11:54 AM
 
Location: Clermont Fl
1,714 posts, read 3,623,698 times
Reputation: 1214

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Quote:
Originally Posted by thevogels View Post
We had this specific issue. We had an applicant who first, (but thankfully her real social) and there were lots of marks on her criminal record. She was honest about having a record, so when we did the background check, we just wanted to make sure that the crimes were not severe. We thought if it was a long time ago, or they just did something stupid once, than it was fine. But she and her husband had many counts against them. Possession, brandishing a fire arm, assult. And lots of traffic violations. Now, the minute I heard "firearm" I got nervous. This house is one we just moved out of. The neighborhood is full of children. Also, the last 2 count were this past year. So needless to say, we were not comfortable renting to them. I feared being accused of discrimination, but should I then risk myself, and the neighborhood? I spoke with a friend who is also an investor who has about 20 houses he rents. I asked him if we could be accused of discrimination. He said he rented to someone who had a brandishing a fire arm charge, and that same man later threatened to kill him because he was going to be evicted for not paying rent. I leave it to you to decide what you think is right, but I have 2 children and I was afraid for our safety as well as the neighborhood.

I would not rent to her just because she didn't tell me her real name
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Old 05-27-2009, 12:27 PM
 
Location: Chicago
38,691 posts, read 82,122,471 times
Reputation: 29141
Quote:
Originally Posted by tworent View Post
You never have a right to discriminate.
Well, that's just not true. In fact when choosing a tenant it's simply impossible not to discriminate on some basis or another. By choosing a tenant who has the qualities you prefer in a tenant, you necessarily discriminate against those who don't have those qualities. The only "nondiscriminatory" way to choose a tenant is to put all the potential candidates' names into a hat and pick one out. If you're a landlord, I presume you don't do that.
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Old 05-27-2009, 02:20 PM
 
Location: On the Ohio River in Western, KY
3,388 posts, read 5,172,338 times
Reputation: 3303
Quote:
Originally Posted by bentlebee View Post
I have no issue giving people another chance but when to individuals come to aply for my property and both have similar credentials with employee and recent rental info, but one has a criminal background...I will choose the non criminal (whatever he has done to get that label, doesn't matter at first, you won't get it if you haven't done a bad thing) above the criminal.

I still wonder why daddie Anthony had 4 different rentals in 5 years...it doesn't help you to move all the time...some LL might not able to give info, since they have moved them self and the longer you have proof of being a good renter the better it will be for your future...hopping around isn't showing a stable person. JMO.
I have had more than that in the past 5yrs, but ours was due to military, which IMO is very understandable.
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Old 05-29-2009, 11:09 AM
 
Location: Clermont Fl
1,714 posts, read 3,623,698 times
Reputation: 1214
Quote:
Originally Posted by Drover View Post
Well, that's just not true. In fact when choosing a tenant it's simply impossible not to discriminate on some basis or another. By choosing a tenant who has the qualities you prefer in a tenant, you necessarily discriminate against those who don't have those qualities. The only "nondiscriminatory" way to choose a tenant is to put all the potential candidates' names into a hat and pick one out. If you're a landlord, I presume you don't do that.
[In a short answer you are wrong setting criteria is not discriminating when everyone is treated equal. The first question from a lawyer when you turn down a person for xyz that sues you is let’s see your criteria for all your units and have you ever rented to someone that has xyz. The second question is why do you have that policy? If your answer is they were in jail for abc the response will be you do no they paid their dept

Would I want to rent to a pedophile hell no would I try to find a resin not to I sure would try too. I would find one but not for being in jail for being a scum bag
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Old 05-29-2009, 02:05 PM
 
Location: Charlotte. Or Detroit.
1,454 posts, read 3,369,856 times
Reputation: 3246
^Meh. If an ex-con actually had the money to sue me, I'd probably be surprised enough and impressed enough to just go ahead and rent to him.


But really, I don't think getting sued is likely. It's not like I'd glance at his application, recoil in horror, and beg him to leave the place immediately. I would look at all the applicants, and pick the best one. And I'd be very surprised if the best one is ever an ex-con. If it is, super. Sign him up.
If that's the kind of discrimination that's against the law, yeah. Sue me.
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Old 05-29-2009, 06:28 PM
 
Location: Chicago
38,691 posts, read 82,122,471 times
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Quote:
Originally Posted by tworent View Post
[In a short answer you are wrong setting criteria is not discriminating when everyone is treated equal.
Setting criteria is discrimination. It discriminates against those who don't meet those criteria. And not all forms of discrimination are illegal. In fact very few are.

Quote:
Originally Posted by tworent View Post
The first question from a lawyer when you turn down a person for xyz that sues you is let’s see your criteria for all your units and have you ever rented to someone that has xyz. The second question is why do you have that policy? If your answer is they were in jail for abc the response will be you do no they paid their dept
And my response would be "show me which law says persons with criminal records are members of a protected class or I'll not only file a motion to dismiss for lack of cause but I'll also move for costs and fees."
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Old 05-29-2009, 08:30 PM
 
Location: Clermont Fl
1,714 posts, read 3,623,698 times
Reputation: 1214
Quote:
Originally Posted by Drover View Post
Setting criteria is discrimination. It discriminates against those who don't meet those criteria. And not all forms of discrimination are illegal. In fact very few are.


And my response would be "show me which law says persons with criminal records are members of a protected class or I'll not only file a motion to dismiss for lack of cause but I'll also move for costs and fees."
I would agree with most of that but I have found that people will sue you for anything Why give anyone a chance to wast your time and money that you will never get back.

On the other hand in 20+ years no one has ever called me and asked me why they did not get to rent a unit I say its rented they hang-up
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Old 05-29-2009, 08:48 PM
 
Location: Chicago
38,691 posts, read 82,122,471 times
Reputation: 29141
Quote:
Originally Posted by tworent View Post
I would agree with most of that but I have found that people will sue you for anything Why give anyone a chance to wast your time and money that you will never get back.
There's no epidemic of landlords being sued for refusing on perfectly reasonable grounds to rent to prospective tenants. So weigh that vanishingly thin prospect against the far more real prospect of renting to a deadbeat tenant, and after about 3 seconds worth of pondering which is the best way to mitigate the risk of financial loss, about 99% of landlords will be selective about their tenants rather than just renting to anyone out of fear of a frivolous lawsuit.
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Old 05-30-2009, 04:31 AM
 
22,956 posts, read 33,920,125 times
Reputation: 11570
Some people have the word "sueing" in alost all sentences...it doesn't mean much if they don't have proof and that is what most of them lack off, the next thing they don't have is the means to even go to court and presenta decend case.

I just had a boyfriend of a previous tenant yelling in a voice mail that he would go to his lawyer and sue me...The man has a great job, good College education but no clue that you need proof as well. He wanted the non refundable pet fee returned as well as the money $ 160.- I distracted from the sec. deposit, back....
When his girlfriend started to rent she wanted me to keep the property of the market for a month which I did, but I wrote in the contract she had to pay a non refundable sec. deposit of a few hundred dollars for me to keep the property of the marke for her. If she wouldn't move in she wouldn't get the money back, if she would move in I would change that part of the sec. deposit to a refundable deposit....he now claims that the same counted towards the pet fee, which nowhere is stating in the contract...
Well I spoke later with him on the phone and told him he isn't on the contract and nether was he ever living in te property and so no party for me to further talk to. I explained it to his girlfriend and he wrote me an email that all further communication would have to be addressed to his lawyer since they were going to court...well good luck the time frame for that has passed.
What surpised me and is so bad is that he used to be the president of the HOA in that community and I have heard him talk about all the rules, laws, etc. and how he on a weekly base was discussing things with the HOA lawyer to have people sued....I thought he knew better and wasn't as stupid as I found out...the worse thing was that he tried to get approved to be on my facebook site after he refused almost 60% of all showings for the property!
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Old 06-29-2009, 02:07 AM
 
1 posts, read 2,168 times
Reputation: 10
Default discrimination

well everyone wants an edge but do you feel good about that?i think landlords want tenants who pay on time and are good to the property
but discrimination on the basis of having been caught (since most of us have done things we would rather not have announced such as recreational drug use or buying stolen goods perhaps stealing on the internet or perhaps some activity which will be deemed criminal in the future after all christianity was once criminal perhaps being overweight will be criminal someday)
discrimination is never an easy thing to refuse when one is the one who gains from it but it shows american spirit to refuse to use anything but the ability to pay and the tenacity to search
still you might try a number of eye catching means of promoting yourself
I hope it is not the ability to be considered more suitable by another human being
maybe you disagree that the law is discriminating but certainly so do all who win when prejudice gives them an edge it is ultimately between you and your god
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