Help is there anything legal i can do? Fair Housing Act?

[Jester2913]

Good Afternoon,

I am hoping you might be able to provide some advice or direction for me based upon housing and lease agreements.

The Scenario: My girlfriend took a job in Lima OH. The job is not what she thought it would be and she has decided to move back home to go back to Grad School. However she is stuck in her lease till July of 2010. She has talked to her landlord about letting her out of it and her land said that it’s no problem however my girlfriend has to find someone else to fill the duplex first. That’s reasonable and fair, not a problem. We posted a ad on craigslist and have had a lot of responses. We sent 4 to the land lord and all have been rejected for various reasons. Even though pets (my gf has a dog and cat) are allowed a Couple was not allowed to rent the place for having 2 dogs. Another couple was allowed to rent the place because they were students even though they had co signers. A Third party was not allowed to rent the place because again they were students but had cosigners. The 4th party could not get a hold of landlord to fill out an application and thus found someplace else. The land lord did not respond to them or my girlfreind for 3-4 days either by their office phone or personal cell phone. (if there had been an emergency my girlfriend would have had no one to contact )

My Question: The 3rd group of people student who were not allowed to live in her place, the landlord took and showed them another one of their rentals the students were allowed to live and are currently living there. Besides being unfair is there anything legal that can be done about this situation based upon the Fair Housing Act and the landlord being discriminatory against student living in certain properties when the land lord hasn’t said anything before about students? Or that my girlfriend is 21 and full time job and the students who wanted to rent it were and employed 24 21 and 19?

I apprecaite any feedback. Thanks.

[xylene]

Have you confronted (in writing) the landlord directly with your allegations that he is scuttling your attempts to subtle by denying a qualified tenant for your apartment and then renting them another unit.

When you did what was the landlord's reply?

(If you haven't done that... that would be your first step.)

Insist that the landlord deal in writing and explain all denials in writing.

Keep looking for tenants - 4 applicants is not so many, but I do agree that denying for your unit and accepting in another is very odd.

[DeenaCA]

Neither students nor young adults are protected classes under the federal Fair Housing Act. The protected classes are race, color, religion, sex, handicap, familial status, and national origin. Reference: 42 US Code 3604, [url=http://www.law.cornell.edu/uscode/42/usc_sec_42_00003604----000-.html]US CODE: Title 42,3604. Discrimination in the sale or rental of housing and other prohibited practices[/url].

It doesn't sound like the landlord has discriminated illegally.

[treese]

The landlord has the right to set a minimum criteria for his rentals.

This criteria can set the minimum allowable income, employment history, credit history, etc.

The landlord can also restrict the number or type of pets allowed. Just because your girlfriend has a dog and a cat does not mean that the landlord has to accept an applicant with 2 dogs.

The landlord does not have to accept applicants with co-signers. The landlord does not have to accept cosigners at all. There can be many reasons for rejecting the two sets of student applicants even with co-signers - lack of income, employment, credit, etc.

The landlord has no obligation to rent out your girlfriend's apartment first. If an applicant (or applicants) do not meet the criteria for a specific property, the landlord can offer them another available apartent for which they meet the criteria.

[Baranov]

The landlord is not required to accept co-signers. Most sign because they feel they will never be called upon to pay if the tenant defaults. It doesn't matter if the landlord explains it or not they will agree but do not intend to pay.

As for the last tenants, the landlord could have shown both units and the tenants decided on the other one.

[Cvillecpm]

You should have application forms to fill out and you do not know what information the "applicants" provided on their application OR what they told your landlord.

[Jester2913]

Thanks all. Appreciate the input. Unfortunately as i thought it seems that she might just be stuck there till lease end or finds someone to take over.