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Re: Two parties interested in same uinit by Anonymous (MN) on June 8, 2012 @08:54

                              
What could they sue you over? I fail to see any way they could win discriminatory lawsuit. As previously suggested, whoever returns the completed application first gets the first shake if they check out after you screen them. Just because they ask for an application, there is absolutely no guarantee they will complete it in a timely manner or that they will even have good credit and rental history when you check up on them. If the party who turns theirs in later complains, just say another prospective buyer turned their application in first. What can they say?

If any of the people who saw it seem like the angry type who would sue over anything, believe me, you do NOT want to rent to them anyways.
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Re: Two parties interested in same uinit by MrDan (Georgia) on June 8, 2012 @12:12 [ Reply ]
If both applicants meet your written criteria to rent, then several situations could arise that the date the application was received would be important.

If the applicant that was chosen was of a different race or religion from the applicant not chosen.

If the applicant chosen did not have children and the applicants not chosen had children.

If the applicant chosen was not disabled and the one not chosen was disabled.

And many others...

If a discrimination suit/complaint is file, the burden of proof would shift to the landlord to show that a sound business reason was used (First qualifying applicant) and no discrimination occured. All applications should be dated when they are received just in case something comes up latter.

"If the party who turns theirs in later complains, just say another prospective buyer turned their application in first." If challenged, how would you provide proof?





    Re: Two parties interested in same uinit by Anonymous (MN) on June 8, 2012 @12:52 [ Reply ]
    "If the party who turns theirs in later complains, just say another prospective buyer turned their application in first." If challenged, how would you provide proof?

    Easily. Emails are time stamped if they send it over in a pdf. I always write the date and time on the application if they're handing it in in person for this reason as well. I'm busy and I'd hope my prospective renters are busy at work as well where they couldn't turn it in at 3pm on a Wednesday in person and would prefer to get it to me electronically. I prefer fax or email because that can be time-stamped and is usually easier for the tenant anyways. If they can't figure out how to scan or fax something, I probably don't want them anyways just due to low intelligence.

    If the later applying tenant complains, I tell them when I received the earlier application and say if something doesn't work out with that party, I'll contact them to see if they're still interested. Unfortunately telling me "I want an application and I'll return it!" means nothing. 80% of the people who take an application never return it because there is an application fee to cover a credit/background check.

    If they complain still when I tell them the other party turned their application in first? I guess I'd just say I don't know what to tell them. I have time-stamped applications and theirs was in after the party I approved and gave the place to.

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