Can a property manager deny an application for rent because of marital status?

by **cruz50** » Sun Dec 18, 2011 11:05 pm

I live in San Antonio TX - My husband and I are not legally married but have lived together for approximately 15 years and have 2 children. Recently we have been applying to rental homes. We turned in an application to a home we fell in love with. Everything was fine on the application. We met all requirements. It wasn't until toward the end of the app process that the individual assisting me said she noticed we did not have the same last name. She asked if we were legally married to which I responded no. She then continued to state that because we were not legally married we were to be considered "roommates" and that our income could not be combined which made us ineligible. No where on the application or on the lease did it state that married couples had to present marriage license in order to be considered married.

I thought non-traditional marriage or common law marriage was recognized in Texas?

Was denying the application fair based on this?

by **raleah** » Sun Dec 18, 2011 11:06 pm

I would have denied you because you refer to your "husband" when he is clearly not. Someone who misleads a landlord in such a way would not be likely to be honest in other dealings.

A married couple is considered one entity in the eyes of the law, while unmarried people are simply considered roommates.

by **philibert63** » Sun Dec 18, 2011 11:13 pm

U have to use the same last name to be common law married. And y not just stop by the court house and get married? And yes even though I don't agree with it they have the right to put u as "roommates " if ur app has different lastnames u cups just refill the app out with his last name and tell them u got married they wont need to see a license

by **calin** » Sun Dec 18, 2011 11:14 pm

It's a stupid thing to do, but Federal Fair Housing laws do NOT prevent discrimination based on marital status. To my knowledge, only California does.

by **otis** » Sun Dec 18, 2011 11:17 pm

It's different in every state maybe you need 2 contact a lawyer? 2 ask questions

by **corcoran42** » Sun Dec 18, 2011 11:33 pm

From a "will these people probably stay together for the whole 12 months and make sure the rent gets paid" perspective, the landlord would probably do well to rent to you.

However - If he prefers not to rent to two or three college kids, or a couple who just moved in together, then he (by law) has to be consistent and not rent to groups of unmarried adults. If he does rent to you, then two or three college kids could demand that he rent to them as well, using their combined income to qualify.

You may "feel" the same as married, but on paper, and from a legal perspective, you are not. And the landlord may even view you two as a married man and wife on a personal level, but might have to change his entire "roommate" policy if he does rent to you.

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