Can A Landlord Screen Potential Tenants Without Being Discriminatory?
A person who owns property in Florida knows that picking the right tenant is crucial. Every property is different, with different pros and cons and a culture of its own. Choosing a tenant who will fit in with the residents of a property makes an enormous difference in terms of quality of life – but at the same time, landlords may not discriminate. Certain characteristics are prohibited by law from being used as a reason to exclude a tenant – but a savvy landlord knows how to vet tenants appropriately without being accused of conduct that violates the law.
Protected Characteristics Cannot Be Used
Both Florida and federal law have housing antidiscrimination laws, though Florida’s and those of individual counties may protect more characteristics. For example, the federal Fair Housing Act (FHA) protects race/color, national origin, religion, sex (including gender identity and sexual orientation), disability, and familial status (such as being single or having a large family). However, Miami-Dade County, adds age and marital status to the list, with many other Florida counties following suit.
The reason so many characteristics are being protected is simply because there have been past records of people being denied housing on those bases. Also, these characteristics are simply not value neutral – for example, one landlord may care very much about only renting to Christians, while another may not care, or refuse to rent to Christians because of bad past experiences. The characteristics that a landlord may use to screen applicants must be ‘neutral, consistent, and legal’ – and too many protected characteristics do not fit all three categories.
What Can I Ask?
If you are a Florida landlord, it can feel frustrating to have so many things be off limits, but there are still questions about past history that you can ask. They simply have to be asked in ways that do not later provide grounds for excluding prospective tenants unfairly. For example, it is perfectly acceptable to ask for a candidate’s credit history, rental history (if they have any), and about their current work situation, if applicable. These are things that go directly toward the question of an applicant’s fitness to pay rent, rather than any other factor about them.
One other characteristic can be used to screen tenants, but must be handled carefully. A landlord can use a potential tenant’s criminal history against them, but only up to a point. For example, it is considered inequitable to simply bar all applicants with any kind of criminal history whatsoever – but if someone is recently released after serving time for a violent offense or an offense that caused serious property damage, a landlord is within their rights to inquire about the offense and allow it to influence their decision.
Contact A Tampa Landlord-Tenant Attorney
Renting a property in this day and age can be long and difficult, but it is still possible to properly screen prospective tenants without running afoul of state or federal Fair Housing laws. If you have questions or concerns, a Tampa landlord-tenant attorney from the Seward Law Office can help you protect your interests. Call our office today at 813-252-6789 to schedule a consultation.
Source:
justice.gov/crt/fair-housing-act-1
