ABA Family Legal Guide

Renting Residential Property

Renting Basics

Choosing a Tenant

Can I get in legal trouble by rejecting a prospective tenant?

Federal, state, and city laws prohibit discrimination. (For further discussion of the Fair Housing Act, see page 229.) Of course, discrimination means refusing to rent to people because of their race, color, or national origin. But other distinctions that a landlord might want to make between applicants are no longer legal. Other categories protected against discrimination include sex, family status, and handicaps or disabilities. States and municipalities have often added additional categories. You should know the law in your city and state. The best way to avoid problems is to treat all prospective tenants in the same way.