Elijah Grant
In most cases, landlords are more interested in receiving rent on time and keeping their rental properties clean than the marital status of their tenants. However, there are exceptions, and some landlords may refuse to rent to unmarried couples. While some states ban discrimination based on marital status, their laws typically protect married couples only. Only a few states explicitly prohibit landlords from refusing to rent to unmarried couples. If you suspect discrimination, it's essential to check your city or state laws and consider contacting a legal professional for advice.
Characteristics of rentals that only rent to married couples
| Characteristics | Values |
|---|---|
| Legal provisions | Majority of states don't have legal provisions protecting people from discrimination based on marital status |
| Exceptions | Some 20 states ban discrimination based on marital status, but most of these laws only protect married couples |
| Clearly ruled against discrimination | Alaska, California, Massachusetts, Michigan, and New Jersey |
| Ruling that "marital status" protects single and married people | Maryland, Minnesota, New York, and Wisconsin |
| Advice for unmarried couples | Find out if your city or state has a law prohibiting discrimination against unmarried couples in rental housing |
| Advice for landlords | Ensure both parties fill out a rental application and sign the lease to protect legal rights |
| Advice for unmarried couples moving in together | Notify the landlord in advance, especially if you have a month-to-month tenancy in a non-rent-control area |
| Advice for landlords renting to married couples | Be aware that if the couple splits up, one of them may expect to stay in the unit |
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What You'll Learn
Landlord's refusal to rent to unmarried couples
In the United States, landlords' refusal to rent to unmarried couples is a form of housing discrimination. While some landlords are interested only in the money and as long as the rent is paid on time, some still refuse to rent to unmarried couples. Some landlords believe that unmarried couples are inherently less stable than married couples, and others may refuse to rent on religious grounds.
Federal law does not prohibit discrimination on the basis of marital status. The Federal Fair Housing Act prohibits landlords from selecting tenants based on race, colour, national origin, religion, disability, sex, or familial status, but this does not cover marital status.
However, some states and cities have passed laws prohibiting discrimination based on marital status. For example, Alaska, California, Massachusetts, Michigan, and New Jersey have clearly ruled that the term "marital status" refers to unmarried couples, and landlords in these states cannot refuse to rent to unmarried couples. In addition, the California Fair Employment and Housing Act prohibits landlords from discriminating based on marital status, including refusing to deal with or imposing different terms on people based on their marital status.
On the other hand, some states have interpreted "marital status" to protect married couples or single people, but not unmarried couples. For example, Maryland, Minnesota, New York, and Wisconsin have ruled that the term "marital status" does not protect unmarried couples from discrimination.
If you suspect that a landlord is refusing to rent to you because you are unmarried, you can check if your city or state has laws prohibiting discrimination based on marital status. If there are no such laws, you may have limited legal recourse, but it is still advisable to contact an attorney to discuss your specific situation.
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City and state laws protecting unmarried couples
The concept of family and what constitutes a "couple" has changed drastically over the past few decades, and the law has slowly adjusted to the new realities. While cohabitation has increased, and same-sex marriage has been legalised in several states, the laws applying to cohabitation have become more beneficial for unmarried couples. However, the law has not traditionally favoured individuals living together outside of marriage.
In the context of renting, most landlords are interested in receiving rent on time and maintaining peaceful relations with neighbours, so they are generally unconcerned with the marital status of tenants. Nevertheless, there are exceptions, and some landlords may refuse to rent to unmarried couples.
To address this issue, some states and cities have enacted laws prohibiting discrimination against unmarried couples in rental housing. For instance, Worcester Housing Authority v. Mass. Commission Against Discrimination, 406 Mass. 244 (1989) states: "It is unlawful to refuse to rent to or lease to or withhold public housing benefits from persons because they are unmarried." Similarly, a few states, including Alaska, California, Massachusetts, Michigan, and New Jersey, have explicitly ruled that the term "marital status" encompasses unmarried couples, thereby preventing landlords from refusing to rent to them based solely on their marital status.
On the other hand, the majority of states lack legal provisions safeguarding individuals from discrimination based on marital status, allowing landlords to inquire about tenants' relationships and decline rentals to unmarried couples. Interestingly, courts in Maryland, Minnesota, New York, and Wisconsin have interpreted "marital status" as protecting single individuals from disparate treatment compared to married individuals, but not unmarried couples.
To navigate these complexities, it is advisable to check if your city or state has laws prohibiting marital status discrimination in rental housing. If such laws exist, you can assert your rights and potentially challenge discriminatory practices. However, even in states with these protections, landlords may still reject applicants for legitimate business reasons, such as poor credit history or negative references from previous landlords.
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Marital status protection in selected states
In the United States, marital status protection varies across different states and cities. While some states have laws prohibiting discrimination based on marital status, others do not. This means that in some states, landlords may legally ask about your relationship status and refuse to rent to unmarried couples.
In around half of US states, including California, marital status is listed as a protected class, allowing individuals to file a workplace discrimination lawsuit if they have been treated differently due to their marital status. In California, if an individual suspects they have been discriminated against in housing due to their marital status, they can file a complaint with the California Civil Rights Department (CRD). If the CRD declines to pursue the case, the individual can file a marital status discrimination claim in California state court.
In contrast, the majority of states do not have legal provisions protecting against discrimination based on marital status. This means that landlords in these states may legally refuse to rent to unmarried couples.
It is important to note that even in states that prohibit marital status discrimination, landlords may still reject potential tenants for legitimate business reasons, such as bad credit history or negative references.
Additionally, some cities or neighborhoods may be zoned only for individuals related by "blood, marriage, or adoption," which can impact an individual's ability to rent based on their marital status.
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Legal obligations of co-tenants and subtenants
Co-tenants and subtenants have distinct legal obligations and rights. When two or more tenants sign a lease or rental agreement, they become co-tenants with identical rights and obligations. Each co-tenant has an equal right to possess and enjoy the entire property, and they can agree to give one co-tenant exclusive possession of the property for a period. However, if one co-tenant "ousts" the other, the victim can sue for wrongful ejectment, and the offending co-tenant must pay the fair market rental value for the duration of their sole possession. Furthermore, even if co-tenants agree to split the rent, they are each still liable for the entire amount, and a breach of an agreement among co-tenants does not affect their agreement with the landlord. If one co-tenant breaches the lease by damaging the property, violating occupancy limits, or bringing in a pet, the landlord may terminate the lease for all tenants.
If one tenant wishes to add a roommate, they should first get the landlord's approval, even if it is a subleasing arrangement where the tenant becomes the "landlord" of the subtenant. The landlord may request a rent increase and a higher security deposit due to the additional occupant. The landlord may also ask for the new roommate to fill out a rental application and provide a credit report and references. It is important to get the landlord's written permission and ensure compliance with any occupancy limits.
Subleasing involves transferring less than the entire lease, such as renting out a spare room in an apartment. In a sublease agreement, the original tenant becomes the subtenant's "landlord," and it is essential to put the arrangement in writing to protect all parties. The original tenant may collect a security deposit to protect themselves if the subtenant fails to pay rent or causes damage. Without the landlord's consent, both the tenant and subtenant may face eviction for violating the original lease agreement. Additionally, the landlord may be less inclined to address defects or make repairs.
It is important to note that laws and regulations regarding co-tenancies and subleases may vary by state and jurisdiction, and it is always advisable to seek specific legal advice for your particular situation.
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Safe tips for renting to married couples
While most landlords are interested in receiving rent on time and keeping the rental clean, some landlords may refuse to rent to unmarried couples. However, there are safe tips for renting to married couples that can help ensure a smooth process and reduce potential issues.
Firstly, it is important to be aware of any local laws or regulations regarding marital status and housing discrimination. In some states and cities, there are laws prohibiting discrimination against unmarried couples in rental housing. Understanding the legal landscape can help guide your decisions and protect you from potential legal issues.
When renting to a married couple, it is crucial to ensure that both parties complete a rental application and sign the lease. This establishes clear responsibility for rent payment and protects your legal rights in case of a separation. Be sure to review the rental agreement and determine the specific details of the rental relationship, including any unique circumstances or potential challenges.
Additionally, encourage open and honest communication between you and the couple. This can help address any concerns or issues promptly and ensure that both parties are satisfied with the rental arrangement. It is also beneficial to request credit reports and background checks from both individuals to assess their financial stability and reliability as tenants.
Furthermore, consider the specific needs and preferences of the married couple. Discuss their expectations, desired location, proximity to offices or recreational areas, and any future plans that may impact their rental choices, such as starting a family. By understanding their requirements, you can better match them with a suitable property.
By following these safe tips, you can effectively navigate renting to married couples and create a positive and mutually beneficial rental experience.
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Frequently asked questions
Landlords cannot refuse to rent to unmarried couples in Maryland, Minnesota, New York, and Wisconsin, where courts have ruled that the term "marital status" protects single people and married people from being treated differently. However, this does not protect unmarried couples. Your best protection against discrimination may be a city or county ordinance prohibiting discrimination based on sexual orientation.
Unmarried couples can become co-tenants by signing the same lease or having one partner recognised as an additional occupant by the landlord. It is recommended to keep a low profile about your marital status and choose a neighbourhood with many unmarried people, especially near universities.
Yes, landlords can establish reasonable standards for the number of people per square foot in a rental unit to prevent overcrowding. However, they cannot use overcrowding as a pretext for refusing to rent to tenants with children if they would rent to the same number of adults.
Renting to unmarried couples can provide benefits such as two potential incomes and a reduced chance of eviction due to multiple sources of financial support. However, some landlords may view couples as short-term tenants, assuming they will outgrow the space quickly and move to a more spacious location.
Unmarried couples should clarify their tenancy status, whether as co-tenants or subtenants, and consider having a written agreement in place to outline their rights and responsibilities regarding rent payment and maintenance of the rental property.
