Legal Question in Real Estate Law in Florida

Rental agreement denied

How is it legal for an apartment complex's leasing office to deny individuals a leasing agreement because they've had some type of run in with the law over 5 years ago?

Especially if the individual was not convicted?

What law supports this and is it constitutional?

If this is legal what alternative does the individual

have and will they ever be able to rent an apartment

again?


Asked on 12/13/00, 6:41 pm

2 Answers from Attorneys
Randall Reder Randall O. Reder, P.A.

Re: Rental agreement denied

Mr. Otero is right. A lease is an agreement to rent

and the general rule is that an apartment complex

can agree to rent to whoever they want to. There

are laws that apply to apartment complexes of certain

sizes that provide they cannot discriminate. However,

I am not aware of any law that says you cannot discriminate

against someone because of their having been arrested.

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Answered on 12/18/00, 9:09 am
Jorge Otero Jorge E. Otero & Associates, P.A.

Re: Rental agreement denied

Short of violating some type of local, state or federal anti-discriminatory law, such as fair-housing laws, a landlord has every right to lease to whomever he or she wants to and, in fact, may have an obligation in some instances to perform a credit and other background checks for the protection of other tenants. Having said that, there are very broad interpretations regarding some of these laws, so I would recommend that you consult with an attorney in your area and provide him/her with all of the facts.

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Answered on 12/14/00, 8:04 am


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