The relationship between a landlord and a tenant is governed by a complex set of federal, state, and local laws designed to prevent discrimination and harassment. Many landlords, especially those with only one or two properties, are unaware of how easily a casual remark can be interpreted as a violation of these laws. A seemingly innocent comment or question can lead to a costly fair housing complaint or a lawsuit, creating a significant landlord legal risk. To protect yourself and maintain a professional relationship, it is critical to understand what topics are now off-limits. Here are nine things you can no longer say to a tenant without legal risk.
1. “Is This a Neighborhood for Families?”
When a prospective tenant asks this, a landlord might think it’s helpful to answer, “Yes, it’s perfect for families, lots of kids around.” However, this can be seen as “steering” under the Fair Housing Act. You are implying the property is more suitable for people with children than for those without, which is discrimination based on familial status. The correct approach is to describe the property’s features (e.g., “It’s a three-bedroom home near a public park”) and let the tenant decide if it fits their needs.
2. “We’re Looking for a Quiet, Mature Couple.”
This statement, often used in rental ads or conversations, is a clear violation of fair housing laws. It explicitly shows a preference against single people, unmarried couples, and families with children, which constitutes discrimination based on marital and familial status. Furthermore, the word “mature” can be interpreted as discrimination against younger applicants, violating age protections in some jurisdictions. This kind of language creates a major landlord legal risk.
3. “Your Service Animal Is Not Allowed.”
Under the Fair Housing Act, you cannot refuse to rent to someone because they have a service animal or an emotional support animal (ESA), even if you have a “no pets” policy. These animals are not considered pets; they are medical necessities. Saying “no” to a legitimate assistance animal is a serious act of discrimination against a person with a disability. You are allowed to ask for documentation from a medical professional for an ESA, but you cannot charge a pet deposit or pet rent.
4. “I Need to Know Your Country of Origin.”
Asking a tenant about their national origin, visa status, or where they were born is illegal. The Fair Housing Act prohibits discrimination based on national origin. While you must verify that a tenant has the legal right to reside in the U.S. and can ask for a Social Security number for a credit check, you cannot inquire about their country of origin or treat applicants differently based on their accent or perceived ethnicity.
5. “I’ll Reduce the Rent if You Help with Upkeep.”
Offering to trade lower rent for services like mowing the lawn or making minor repairs seems like a win-win, but it can create a legal minefield. This can unintentionally create an employer-employee relationship, subjecting you to labor laws and workers’ compensation requirements. If the tenant gets injured while performing a task, you could be held liable. It’s far safer to keep the lease and any work agreements as separate, formal contracts to minimize your landlord legal risk.
6. “The Apartment Is Perfect for a Single Professional.”
Describing a property as ideal for a specific type of person, such as a “single professional” or “bachelor,” is a form of discriminatory advertising. This language suggests that you have a preference against other groups, such as couples or families. This is illegal steering and can be used as evidence in a fair housing complaint. You should always market the property itself, not the type of person you hope to attract.
7. “You Can’t Have Overnight Guests for More Than a Few Days.”
While landlords can place reasonable restrictions on the duration of guest stays to prevent an unauthorized person from becoming a de facto tenant, overly strict rules can be problematic. A clause that is too restrictive could be seen as infringing on the tenant’s right to quiet enjoyment and association. Furthermore, if this rule is enforced differently for a single tenant versus a couple, it could be interpreted as discrimination based on marital status, a significant landlord legal risk.
8. “Are You Pregnant?” or “Do You Plan on Having More Kids?”
Asking a current or prospective tenant about their pregnancy status or family plans is a blatant violation of the Fair Housing Act’s prohibition on familial status discrimination. It implies that you are concerned about the presence of children in your property. Even if you are just trying to be friendly, this question is illegal and can be used as direct evidence that you make rental decisions based on whether or not a tenant has or will have children.
9. “If You Don’t Pay, I’ll Change the Locks.”
Threatening a “self-help” eviction, such as changing the locks, shutting off utilities, or removing the tenant’s belongings, is illegal in virtually every state. Eviction is a legal process that must go through the courts, regardless of whether the tenant has paid rent. Making such a threat is a form of harassment and can result in the landlord facing severe penalties, including having to pay damages to the tenant.
Professionalism Is Your Best Policy
The key to avoiding landlord legal risk is to treat all tenants and applicants equally and professionally, focusing solely on their financial qualifications and rental history. Your conversations and advertisements should describe the property, not the ideal tenant. By understanding the boundaries set by fair housing laws, you can protect yourself from costly legal battles and foster a respectful, lawful landlord-tenant relationship.
Have you ever heard a landlord say something that you thought might be legally questionable? Share your story in the comments section.
Read More:
10 Things Landlords Are Now Legally Banned From Doing
12 Tips to Guard Against Unscrupulous Landlords and Rental Scams
Latrice is a dedicated professional with a rich background in social work, complemented by an Associate Degree in the field. Her journey has been uniquely shaped by the rewarding experience of being a stay-at-home mom to her two children, aged 13 and 5. This role has not only been a testament to her commitment to family but has also provided her with invaluable life lessons and insights.
As a mother, Latrice has embraced the opportunity to educate her children on essential life skills, with a special focus on financial literacy, the nuances of life, and the importance of inner peace.