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Perhaps answering my own question, but here is this from the California Dept. of Consumer Affairs:
California law also prohibits
discrimination based on any of the following:
• A person’s medical condition or mental or physical disability; or
• Personal characteristics, such as a person’s
physical appearance or sexual orientation that
are not related to the responsibilities of a
tenant;
Ok, so then we need to define "personal characteristics."
Just use minimum income requirements and you eliminate most people with disabilities.
MrRational, moving isn't really an option. It's my home. Are you really saying that a landlord needs to move because a tenant is driving him crazy with noise, constant requests for service, or whatever personal unpleasantness tenants sometimes present? And that you can't make that common-sense evaluation as part of your application process?
Let me clarify something here. How would you know ahead of time if the tenant is going to drive you crazy with noise, constant requests for service, etc? The only way you would know that during a screening process is if they came right out and told you those things so how could you 'screen' them out?
Now, there is nothing that says that you can't evict someone in most cases if they are causing noise or doing other things that disrupt yourself and other tenants if you have given them opportunities and warnings to stop whatever actions are disruptive. Those things should be spelled out in your lease anyway and if so, then after however many warnings, if any at all, you can evict for breach of lease. But again, you wouldn't know most of these things will happen during the initial screening in order to deny.
ETA: We have no problem telling prospective tenants that our buildings are quiet buildings with respectful neighbors so if you want to party all the time and/or play your music at levels that other tenants can hear or do other things that may disrupt others "right to quiet enjoyment", then the rental is not for you. This way it gives them fair warning that we don't mess around and we have no problem evicting someone who does not abide by the rules of the lease. So, make sure that things are spelled out in your lease and make sure that everyone reads the lease plus don't hesitate to tell people up front when showing the apartment(s).
Last edited by Corn-fused; 09-12-2016 at 10:39 PM..
Fact is, there's a lot of grey area here. Anyone who hasn't been a landlord can't know how miserable some of these tenants can be, and landlords often don't realize the strains on renters. Since shelter costs are usually the highest in a working person's monthly budget, no wonder there's an unending world of trouble around rentals. What's crazy is that we landlords really aren't getting rich, either.
Corn-fused, You're absolutely right--how would you know? Most prospective tenants are on their best behavior, of course.
It's just the "vibe" thing I'm getting at. I'm in the position of almost living with the new tenant (which would solve the problem, since if he/she were a roommate I could pick and choose as I want.) But I live next door in a multi-unit complex. I'm feeling as though I may be compelled to rent to someone I would never rent to as a roommate, yet the person/s are going to be right there in my face all the time.
Fact is, I don't think there's a really clear answer for this one.
I always go by who turns in their application with ALL the associated paperwork. Completed and legible. I could have tenant #1 (contact in line) turn in his application after tenant #3 (contact in line) turned his in. I had a tenant turn in his paperwork 14 days after initial contact. I already processed other people who were "behind" him. I'm not waiting 14 days. I tell everyone the faster they turn in ALL the paperwork the faster I can process it. People get sidetracked, lose interest etc. so that's why I go by paperwork being turned in.
Everyone is considered a inquiry until all paperwork is submitted
As far as the vibe thing I do lisen to my inner warning radar. Most of those types tend to not turn in all the paperwork or it's not completed. Easiest denial is based on incomplete paperwork. I'm not your mommy. I give you the info, what you do with it is your choice
And that's your right to do that...I don't disagree with you one bit.
There's a huge difference between a young 20 something with no score and a 50 something with no score. I'd take my risk on the 20 something.....the 50 something already demonstrated that finances aren't their strong point.
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