rental-property landlord florida
Does a landlord have to rent to someone even if it makes the other tenants uncomfortable?
<p>Let's say I rent a 3 bedroom house in Florida to 3 women from a university in their 20's. Then one moves out and a 40 year old male applicant applies for the vacancy with great numbers on paper. I know that age the gender are not supposed to be criteria, but what is the right answer when the two existing tenants are uncomfortable?</p>

<p>This could be a violation of the Fair Housing Act, but <a href="http://cdn.ca9.uscourts.gov/datastore/opinions/2012/02/02/09-55272.pdf" rel="nofollow noreferrer">Fair Housing v. Roommate.com</a>, 521 F.3d 1157 says that</p>

<blockquote>
  <p>we  find  that  the  FHA  doesn’t  apply  to  the sharing of living
  units</p>
</blockquote>

<p>The crux of the argument is that a room in a house is not a "dwelling", since it is not a complete living unit. Whether or not courts outside the 9th Circuit follow suit remains to be seen. </p>

<p>Florida state law (<a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0760/0760.html" rel="nofollow noreferrer">760.29</a>) states exceptions to its anti-discrimination laws, covering for instance</p>

<blockquote>
  <p>Any single-family house sold or rented by its owner, provided such
  private individual owner does not own more than three single-family
  houses at any one time.</p>
</blockquote>

<p>If that is the case, then the exemption exists if the rental</p>

<blockquote>
  <p>a. Without the use in any manner of the sales or rental facilities or
  the sales or rental services of any real estate licensee or such
  facilities or services of any person in the business of selling or
  renting dwellings, or of any employee or agent of any such licensee or
  person; and</p>
  
  <p>b. Without the publication, posting, or mailing, after notice, of any
  advertisement or written notice in violation of s. 760.23(3)</p>
</blockquote>

<p>Another exemption exists if</p>

<blockquote>
  <p>Rooms or units in dwellings containing living quarters occupied or
  intended to be occupied by no more than four families living
  independently of each other, if the owner actually maintains and
  occupies one of such living quarters as his or her residence.</p>
</blockquote>

<p>Your attorney (hint) will be able to interpret that complicated section of the law.</p>
