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Question

I am building a new home in Cape Coral, FL which I plan to lease or rent for the next 3-4 yrs. The home is listed for rent by my real estate agent through a major Realtor. A prospect has put in an offer slightly below my asking price - yet I am interested. The prospect is an unmarried man and women who are engaged to be married towards to end of 2009. The women has three children from a previous marriage that ended in divorce several years ago. My wife and I are a little uncomfortable leasing to an unmarried couple with children. Would this be discriminatory not to accept their offer. Must I accept this or any others like it.

Submitted: 398 days ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Optional Information

Cape Coral, Florida

Already Tried:
I live out of state - Ohio. The above info is the rental property address.

This property closes on Nov. 25th and I am looking for immediate occupancy. Do need an attourney to draw up a multi-year lease

Posted by Shelley 397 days and 22 hours ago.

Answer

Under federal law it is discrimination to deny rental based on the family status. But you could refuse the offer based on the rent amount offered being less than the amount you are requesting. Just be carefull as to what you state as your reason for denial.

397 days and 12 hours ago.

Reply

Does the burden of proof remain with the denied party to prove they were discriminated against or must I prove that I did not? Can I change the offer from the original - say as to rent amount or terms, such as minimum or maximum lease period?

Posted by Shelley 397 days and 12 hours ago.

Answer

The renter would have the burden of proof to show that you did discriminate.

 

You can counter offer with different terms if the prospective renter offered something other than you first offer to all possible renters. So since you asked for x and he offered y, now you can counter offer with z as the rent amount and any other changes to other terms if you wish. Or just reject his counter offer for being lower than the asking rent and then change your rental posting with your agent for all prospective renters.

397 days and 12 hours ago.

Reply

So, if I understand you correctly, if I were to change the terms for this prospect - I would have to request the same from all other canidates. If I decided to change the rent$ or lease period, that would have to be asked of all others by means of the listing. And, then, am I required to hear a counter offer from the original prospect?

Posted by Shelley 397 days and 12 hours ago.

Answer

If you change the terms for this renter you do not have to change your listing, you are in negotiations with this one person only. You can either just refuse their offer or make a counter offer. Once you make an offer to this prospect, you can state that they either accept or deny you will not take any counters on this last offer.

But if you refuse or make a counter offer and they decide not to accept the counter offer, you can change your listing if you want to, but it is not required.

 

397 days and 12 hours ago.

Reply

Before I "accept" It looks as though I am to be charged for two questions? Is that correct. I feel that this is one question with clarifications.

Accepted Answer

As long as you only click on "accept" once you will only be charged the one time fee that you agreed to which looks to be $20.

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Expert: Shelley
Pos. Feedback: 98.6 %
Accepts: 
Answered: 10/22/2008

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Practicing Attorney for 7 years

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