My question involves landlord-tenant law in the State of: Florida
I own a small complex, 5 apartments, and recently lost a tenant who was moving out of state. I immediately got two applicants both which I screened using http://www.tenantverification.com. The first of the two had decent credit and met my income requirements but the second had outstanding credit and a higher income. I screened both tenants together. I also made no promises to either beyond considering them. I offered the second tenant the apartment. However afterward I started receiving phone calls from the other applicant claiming discrimination. The applicant complaining is a male in his earlier 20s and the second applicant is a woman in her 40s. My decision was based off of the results of the credit report and income. However he claims I didn't rent to him because of his age.

I still have both applications which have their income and their permission to let me screen them. I also have both the reports. I do have a larger portion of tenants who are older. Mostly due to the fact that like in this instance they have the better credit. I do rent to a couple in their 20's and a gentleman in his early 30s with an 8 year old. Both applicants are white, have no criminal record and no prior evictions. The guy has only rented from one other person.

If this guy takes me to court like he keeps threatening can he win?

He would have to prove that you discriminated against him and that he is part of a protected class. I think as long as you have a reason why you chose the other person you are good. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

Owning 5 rental units, even as a private owner, you fall under the Fair Housing Act requirements. As long as you have evidence that you made your decision on factors other than classes that are protected by the Act, you have nothing to worry about. The threat of taking you to court is a lot different than them actually doing it. The burden of proof will be on them to show that age was a factor in your decision. Simply stating, "they discriminated against me because of my age" won't cut it when you have credit and income data showing that the other applicant was more qualified.

If you rent enough properties, hearing the old "I'm going to sue you line" just becomes part of doing business in the rental world. Good luck and don't worry if you know you've done nothing wrong.

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