May a landlord discriminate against certain people when evaluating whether or not to accept an applicant as a tenant?

Yes.  Surprised?  Read this entire post to make sure you clearly understand.  Landlords, banks and others who base their approval (or disapproval) on someone's ability to make payments on a loan or some other financial obligation may lawfully discriminate based on income, credit, current obligations and other factors.  Make no mistake about it -- this is a type of discrimination, but it is lawful discrimination.  What a landlord (or others) cannot do is unlawfully discriminate.  It is unlawful to discriminate against a tenant applicant based on race, color, religion, national origin, sex, handicap or familial status (i.e., because the applicant has children), but a landlord may discriminate against an applicant on any other basis. For example, a landlord may reject a tenant application because s/he has insufficient income, drives a motorcycle and/or because s/he is a lawyer.

Comments

[Kathie Miller]

Are landlords required to rent to a registered sex offender?

Response by Carlton C. Casler. No. A landlord may lawfully deny an application based on any adverse information, provided the landlord is not unlawfully discriminating based on race, religion, national origin, sex, handicap or because the applicant has children.

[Inhi]

Our tenants are asking if they can add their son's family of four (couple and two young children, due to job loss) to rental home. They are offering $200 - $300 extra money, but I am concerned with the additional liability and wear & tear. If I want to increase the rental fee, what is the maximum I can charge. At the same time, what are the liabilities on long term guests. Need some advise!

Response by Carlton C. Casler: The answer to most of your questions may be found in the written lease. If the lease does not address guests or additional occupants, then you may not be able to prevent the tenants from moving in additional occupants. If the tenants take that route (i.e., moving in additional occupants without paying more rent), then you may be able to serve them with a 10-Day Notice of Material Noncompliance based on too many occupants. (See ARS Sec. 33-1361(A)(1) and/or Sec. 33-1317(F)). Naturally, both parties can agree to terminate the existing lease and to sign a new lease. If the tenants are agreeable, then that would be my recommendation on how you should proceed. Any terms that do not violate ARS Sec. 33-1315 may be included in the lease. (See ARS Sec. 33-1314 and Sec. 33-1315). There is no limit on the increase in rent, either when negotiating a new lease or when raising the rent on an existing month-to-month tenant. Good luck.

[forms]

So it is lawful for a landlord to choose whom he/she wants to rent his/her property? Response by Carlton C. Casler: Read this response carefully. Landlords CAN discriminate, but cannot unlawfully discriminate. It is discrimination to rent to a person, or to not rent to a person, based upon that person's income, credit rating, rental history, etc., but that is LAWFUL discrimination. It is UNLAWFUL to discriminate based on: race, religion, national origin, sex, handicap or familial status (i.e., because the applicant has children).