Long Beach, CA asked in Landlord - Tenant for California

Q: Can a landlord refuse to rent to someone who is self-employed?

We are a couple, both over 55, who own our own company. We have credit over 800 (each of us) , joint income over 100k, and savings that would cover rent for several years. We tried to rent in a 55 + community to see if we like it before we buy there. One unit was $2200 and the other $2400. Both landlords refused to rent to us. One said that we might lose our work source and then have to move and break a lease. We offered to put 6 months rent in escrow. He still refused.

The second landlord didn't understand how being self-employed works, so she just said no.

Is this legal? We sold our home in another state when we moved to Southern California and this is the first time we've rented in a long time. We need to have a strategy to find a place if this is legal.

Thank you.

Related Topics:
3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Unfortunately for you, the general rule is that a landlord is not required to rent to anyone they do not want to rent to. Very notable exceptions include discrimination against members of protected categories, but self employed is not one of those categories. The good news is, despite these particular setbacks, you should not have much difficulty finding a place to rent with your credit and income. A little persistence will get you there.

1 user found this answer helpful

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Just a clarification to the above answer. It IS illegal to discriminate against a prospective tenant based on their "source of income", which does sound like it could apply to self employment. However, the way "source of income" is defined, it tends to cover things like social security benefits, Section 8 payments, and the like, because these are "paid" to the tenant or landlord. Because self employment income is "earned", it would be risky and expensive to attempt to litigate your situation. Your efforts and energy are best put toward finding smarter landlords, who will appreciate you as excellent tenant prospects.

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Mr. Dorfman is correct that litigation could be expensive and lengthy (depending on what your goals are.) However, sometimes you just have to stand up for what is right, and think about what the next person would face if you did nothing. If these are institutional LLs I say, go after them, because if they are doing this to you, they are discriminating against others based on the personal biases of the LL. The law does not stand for that. This could also be a form of Age discrimination against you, marital status discrimination, or another of other unlawful biases. NO LL TODAY says they won't rent to a person of color, they find some other category to disqualify the potential tenant. I would recommend that you file a complaint with the DFEH on each of these LL, and contact a local Tenant's Rights attorney to represent you. Meanwhile, find a LL that is not stuck in the values of the 1930's.

Justia disclaimers below, incorporated herein.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.