Landlord Question and Answer Forum

Hello, I had a question concerning the legality of asking more rent for more than one tenant leasing a house. Is it discriminatory to ask for more rent or deposit if the prosepctive tenant is going to have one or two roomates? For example, If have a three bedroom house that I have been quoting a more affordable price for single adults or families, on the other hand, if there are prospective tenants who are going to be roommates, or have more streams of income, then I am asking for sightly more Rent and larger Deposit. Is this discrimanatory, or is this being more fair to people who can't afford higher rents and/or deposits? Please let me now if ayone knows this answer, I live in the State of Texas.

The tricky thing is not to be construed as discriminating against people based on familial status. Personally I would just price it on the assumption that roommates will be living there - you can always offer a discount later, or reduce the asking rent amount.

Posted by Ralph F, CA on Thursday, September 22, 2011

Thanks, that really helps alot I will ask slightly more rent upfront and if they are by themselves or without roomates, then I can offer a discount.

Posted by Joseph M, TX on Thursday, September 22, 2011

You can discriminate, just not against a "PROTECTED CLASS". I have a rent range based on previous references, credit history, background check. This is a screening tool, Sorta like a banks interest rates to buy a house or get a credit card. There are thousands of ways to approach number of renters/tenants, possible damages, etc. Just do not tie it, in any way, to a "Protected Class" REMEMBER!!!! "Positive" or "Reverse" discrimination is still legally DISCRIMINATION!!

Posted by Gibson L, FL on Monday, September 26, 2011