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Does applicant have an bases to claim discrimination?

 
 
Reply Thu 5 Jan, 2012 11:34 am
My question involves landlord-tenant law in the State of: Florida
I own a small complex, 5 apartments, and recently lost a tenant who was moving out of state. I immediately got two applicants both which I screened using Edit [Moderator]: Link removed. The first of the two had decent credit and met my income requirements but the second had outstanding credit and a higher income. I screened both tenants together. I also made no promises to either beyond considering them. I offered the second tenant the apartment. However afterward I started receiving phone calls from the other applicant claiming discrimination. The applicant complaining is a male in his earlier 20s and the second applicant is a woman in her 40s. My decision was based off of the results of the credit report and income. However he claims I didn't rent to him because of his age.

I still have both applications which have their income and their permission to let me screen them. I also have both the reports. I do have a larger portion of tenants who are older. Mostly due to the fact that like in this instance they have the better credit. I do rent to a couple in their 20's and a gentleman in his early 30s with an 8 year old. Both applicants are white, have no criminal record and no prior evictions. The guy has only rented from one other person.

If this guy takes me to court like he keeps threatening can he win?

If this guy takes me to court like he keeps threatening can he win?
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ossobuco
 
  1  
Reply Thu 5 Jan, 2012 11:48 am
@KristinWard,
I highly doubt it, but I'm no legal eagle. I'm posting just to bump the thread up so that someone who know more may see it.
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Joe Nation
 
  1  
Reply Thu 5 Jan, 2012 01:43 pm
@KristinWard,
Outstanding credit and a higher income
and you made no promises.
Tell him to sue, but that you will countersue to recover attorney's fees, court costs and whatever the court deems a fit amount for wasting the court's time.

Joe(and you will win.)Nation

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Butrflynet
 
  1  
Reply Thu 5 Jan, 2012 02:16 pm
@KristinWard,
Sounds like you made a good choice for your new tenant.

Keep your records in case they are needed in the future. Also keep a detailed log of all your communications with this person who is threatening to sue. If you need to reconstruct it retroactively, do so. Then, keep it current.
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joefromchicago
 
  1  
Reply Thu 5 Jan, 2012 05:00 pm
@KristinWard,
I don't know what the law is in Florida, but under federal law age is not a protected category, except for hiring claims under the ADA, where it's older job applicants who are protected, not younger ones. So, unless Florida has some additional protections for renters based on their age, I don't see how this guy has a case. Of course, since you own a number of rental properties, you should have a lawyer on retainer who can assist you in these kinds of matters. I suggest you call him/her.
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Tenant law - Question by debbygilbert
 
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