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I'm Being Turned Down a Chance to Rent Because I'm Military. Is This Legal?

CAVU

CAVU

just livin' the dream...
None
Some suggestions, it's always your decision:

- concur with everyone saying pass on this realtor. They can and will make your life hell and you have better things to do
- Go check in with base housing. Most sites have a military friendly rental home availability binder
- Do tell the government housing rep (not the privatized housing rep) about the realtor. Maybe they'll uninvite them from free advertising at base housing (the hose for sale and rent book). That usually gets the realtor's attention
- Great advice given regarding renters insurance
- No point in busting the realtors stones legally. They'll enjoy it and you'll be wasting your time, kinda like wrestling with a pig
- If you have time, do file a complaint with the local BBB online. Takes all of a couple of minutes
- Lastly, tell you story to the state legislators with a short letter. You never know, they may update state law.

Now go fly!;)
 
Brett327

Brett327

Well-Known Member
None
Super Moderator
Contributor
I would add that Yelp is a great tool for getting the word out about shitty businesses. It's not just for restaurant reviews.
 
e6bflyer

e6bflyer

Used to Care
pilot
jtmedli said:
Is it legal? Maybe or maybe not. But DO NOT rent from this person. He or She will make your life a living hell.
Click to expand...
Agree 100 percent. A little sea story - my first landlord in Washington had never rented to military and asked me all kinds of goofy questions when I was filling out the application. She then told me that I was going to have to pay 100 more a month because it looked like I had the option of moving out whenever I wanted with the SCRA and that was unfair to her.
I proceeded to tell her that wasn't going to be cool and then she changed her tune. Fast forward 6 months and she was clearly desperate to get us out and/or sell the house from under us. She wouldn't fix anything in the house and stopped answering our calls. I got 99 day TAD orders to a San Diego boat and we elected to move out and over to another house in the next neighborhood. She then sued me in small claims court and lost.

The big thing I learned is when you smell crazy, run far far away. This advice also applies to girlfriends.
 
Spekkio

Spekkio

He bowls overhand.
It varies by state, but there is recourse for getting things fixed if it's legit. In CA, you can send a letter via certified mail summarizing what is broken, that you have attempted to contact them multiple times (be specific), and if they don't fix it in a reasonable period (typically 14-30 days, depending on the item) that you will hire someone yourself and deduct it from the next month's rent. If it's something hygenic that affects the basics of living standards (e.g. infestation, no hot water/dirty water), you can not only hire someone and deduct the cost, but also not have to pay rent for the period you were affected by the problem. CA law also protects you from being evicted for exercising this right.

Also fun fact: USAA property insurance will typically pay damages incurred while renting. I found this out kinda-sorta accidentally...a landlord wanted to charge $3500 for a new paint job because there were some smoke outlines where we had pictures hung in the living room and master bedroom due to my wife burning a shitton of candles when A) the owner was his own maintenance person, so I know he was going to repaint it with his son in about a half a day using the cans of paint laying around in the basement and B) only two rooms needed a repaint, not the entire premises they estimated C) owner stated I would get my security deposit back during the move-out walkthrough but changed his tune 2 weeks later when his daughter in law saw the place and D) his wife stated they own other properties and typically do a repaint every 2 years. I filed a claim with USAA expecting them to call it wear and tear and that they wouldn't cover it, at which point I'd sue for my deposit back. Well, they covered it...they were going to pay out 70% of the estimate to the owner, already a generous offer, then the damn crooks argued them up to 90% somehow. Kinda upset that they paid out but I got the deposit back.

Turns out states vary widely on how they view responsibility for painting. For example, my home state NY requires the landlord to repaint for every new tenant regardless of time lived on the premises, some states specifically have laws that protect tenants from being nickeled and dimed for hanging pictures, shelves, etc., whereas NH didn't have any such law and left it up to what is in the lease. Just something to pay attention to when you rent.
 
T

TBRaysluv

New Member
***Legal Disclaimer: I am in law school and have yet to take the bar exam and therefore it is illegal and highly unethical for me to give legal advice. Therefore, please presume all information stated below to be inaccurate and false and most certainly not legal advice. Furthermore, if you seek legal advice you should do so through a practitioner licensed to do so by your states bar.***
I have found some interesting statutes on your issue:
http://www.floridaguard.army.mil/careers/legal-rights/fuspa (FL ST § 250.80)

Any violations I personally would find with a landlord I would notify the Florida State Attorney Generals Office by letter with documentation of the incident.... but that is just me and you should seek the advice of a licensed attorney.

"""No Discrimination. Landlords may not discriminate against military personnel. Discrimination on the basis of military status creates a cause of action against the landlord for civil damages.""" (FL ST § 250.84)

Again nothing above should be interpreted as legal advice...
 
T

TBRaysluv

New Member
Again none of this is legal advice....
I just saw your issue is in Texas.... I think they just cloak with Fed fair housing act standards so you are likely not covered. Unless you can say it was discrimination for familial relationship... But if your landlord has only like 1 or two properties they likely fall out of FHA rental guidelines under like a granny exemption.
Either way I would write my state senator and AG to bring light to the situation and so that something can be done about it.... The legislature might very well actually do something about your issue... I mean what politician doesn't want to be seen protecting the rights of military service members....
 
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