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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
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Applicant submitted request to rent a privately owned

Customer Question

Applicant submitted request to rent a privately owned apartment. Credit application was completed and income, etc. was fine. Landlord did online research and found that tenants had been named in some prior lawsuits. Real estate agent inquired about the incidents and it was explained that people that are managers are frequently included in litigation. Landlord was ok with explanation. A few minutes later, one of the applicants calls to cancel the lease and advises agent he will be filing a fair housing discrimination suit against agent for even asking the question. Agent sent email confirming applicant withdrew lease. Co-applicant sent email denying they were withdrawing application and that if landlord does not lease to them, they will sue landlord. Landlord feels behavior of intimidation and bullying should be sufficient to deny lease. What do you think?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Maryland
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The lease has not been signed yet. It still had to be approved by condo association. Neither tenant or landlord signed the lease yet and no money was received. I am agent
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 month ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq replied 1 month ago.

Unless the landlord is denying this application based on the applicants being a part of a protected class (age, gender race, disability, etc.) then there should be no issue for the background checks or a withdraw of the lease offer. This is a privately owned apartment and the landlord can rent to whomever he/she pleases as long as any denial is not being made based on the applicant being in a protected class. The landlord can do whatever background check he/she finds appropriate and this is not unlawful. With the facts as you present them, there doesn't sound to be any basis for any applicant to file suit as the landlord is well within his/her rights to perform all the actions described.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Customer: replied 1 month ago.
But is bulling and threat of litigation a basis for denial that can be sent in writing.
Expert:  Christopher B, Esq replied 1 month ago.

I would not use that as a basis for denial. I would simply state that they did not pass your background check. You do not need to specify anything more than that. If you want to be more specific you could also say that they were not a good fit as a tenant.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Expert:  Christopher B, Esq replied 1 month ago.

Just checking back in, do you have any further questions?

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