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Maximun number of adults
by Tom (CA)
on July 27, 2015 @19:28
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I have a small 3bd place for rent. A gentleman responded to my ad and after a few email exchanges, he finally discloses that his household is 3 adult couples.
I feel that my place is too small for them, and I certainly don't want that kind of wear and tear. I presume they have 6 cars between them, and there are only 2 parking spaces.
I know I can't discriminate, but do you landlords have legal tricks for turning such an applicant away?
Thanks, Tom
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Re: Maximun number of adults
by Garry (Iowa)
on July 27, 2015 @19:57
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Your place is large enough to have 6 people in it. Would you rather have the amount of wear and tear that 2 adults and 4 children under age 10 would provide ? How about a single mother with 5 kids ? Check your state laws. Many have laws that there can be no more than 4-5 unrelated people in 1 unit.If all 3 parties are MARRIED, then you have 3 unrelated parties right there. And if 2 of the parties are not MARRIED, then you 5 unrelated parties. Do you follow me? And, yes, if they bring more than 2 cars with them , the rest will have to park on the street. One way to discurage them from renting the place , is to ask 1 full months rent as the deposit----FROM EACH PARTY. And the last party out, gets the whole deposit back, LESS any damages and unpaid rent. Also tell them to designate ONE person to pay the FULL rent each month------You are not going to try to collect 1/3 of the rent from each of them, but ALL their names will be on any eviction notices you need to give out.
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Re: Maximun number of adults
by Andrea (GA)
on July 27, 2015 @20:06
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You might want to check your local ordinances. Most will specify a maximum occupancy limit. The limit will usually be based on number of bedrooms and likely will specify no more than two people per bedroom. If that is the limit in your area then it will not help you, but it's something to check. You also mention parking limitations--is your property part of a complex or association with rules regarding parking? If so, you would be responsible for ensuring that the tenants did not violate those rules. (But you seem to be making a lot of assumptions--you first need to actually figure out if they have 6 cars).
You will want to avoid even the appearance of possible discrimination, so tread lightly. The most important question is--do they qualify for your rental? How do their individual credit histories, incomes, and past references stack up? Because they are all adults, they all should have to go through credit and background checks (and pay the fee to do this, since I assume you charge one). Most LLs would require that they all be on the lease and be jointly and severally liable, which means that each individual has to be able to meet the terms of the lease on his/her own (including income). Whatever your criteria, it must be applied to every potential tenant.
Now, the real question...is this your only prospective tenant? If so, why? Or is this just the first? Unless you are in a difficult rental market, I would expect you to have multiple interested parties. I take applications over a pre-selected time period, collecting multiple applications. Then I decide who best meets my criteria. I let everyone know that I will not be making a decision until after that time frame is over--and then, only if someone qualifies. If this is your only prospect, try to figure out why. Increasing your tenant pool should provide you with more qualified applicants.
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Re: Maximun number of adults
by J (FL)
on July 27, 2015 @21:19
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Did you do pre-screening questions, besides "number of people"? I hope you have developed written criteria.
I would let them see it and let them apply if they want. Make it clear that each adult has to pay an application fee (you are charging a fee, right?) and they may disappear.
If they do apply there will be something on one of those applications you can deny for, I am sure of it. Normal adults who are on the level don't want rent a small apartment in large packs like this. There is at least one skeleton in the closet.
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Re: Maximun number of adults
by Anonymous
on July 28, 2015 @12:30
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Check your municipal or county health & occupancy codes. These will limit the number of occupants based on the square footage of the dwelling, the dimensions of the living room & bedrooms, and the location and access of the bathrooms. You can also limit the number of vehicles you allow to park on your property and that might chase them away.
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Re: Maximun number of adults
by MrDan (Georgia)
on July 28, 2015 @14:28
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Here are somethings to be aware of;
Under California Statues, a landlord can require each person in the household to meet the minimum income requirement separately only if he or she would make a husband and wife who applied each meet the income requirement separately. If a landlord requires a married couple to earn a combined three times the rent, then the landlord must apply this policy equally to a group of roommates. That is, roommates may only be required to earn a combined three times the rent. Marital Status is protected under California law. The Fair Housing Act exempts reasonable occupancy restrictions regarding the maximum number of occupants permitted to occupy a dwelling if “applied to all occupants” and do not distinguish between related and unrelated persons. The California Supreme Court in 'City of Santa Barbara v. Adamson' struck down municipal ordinances that permitted any number of related people to live in a house in a Residential Zone but limited the number of unrelated people who were allowed to do so to five. Some municipalities have restrictions that limited occupancy to persons related by blood, adoption or marriage. Such restrictions are no longer enforceable. (City of Chula Vista v. Pagard (1981) 115 Cal.App.3d 785.) The occupancy rules in Section 503(b) preempt any local legislation to establish occupancy standards. Briseno v. City of Santa Ana 6 C.A.4th 1378 (1992).
A number of jurisdictions limit the number of occupants per unit based on a minimum number of square feet in the unit or in the sleeping areas of the unit. Reasonable limitations by governments are allowed, as long as they were applied to all occupants. Security deposits are limited to two months rent by State Law.
By following your local or state occupancy guidelines, you may find that you are restricted to allowing only so many occupants. (Example, state law limits a bedroom to two persons for minimum of 120 square feet and each additional person requiring another 50 square feet) A large room (14 ft x 16 ft) could theoretically allow more than three persons. Local Municipal codes may place a limit on parking by limiting the number of vehicles and conditions of parking. A three bedroom one bath might be restricted to less than six persons by Municipal code for example
It's not what you feel that counts, but what the law dictates is reasonable. Your solution lies in your local housing ordinances as long as they do not violate state law.
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Re: Maximun number of adults
by Anonymous
on July 28, 2015 @19:49
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Make sure every one of them will pass your criminal check, income check, fico score.
Personally I would not respond back to them any longer and move on to other applicants.
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