Q & A: Are disabled tenants a risk?
July 1, 2008
Q: I am looking at renting to a couple with modest income but good credit rating. Very nice people. Here is the problem. She is 61 and has the disease “Lupus,” which she says is under control; and he is 67 has Multiple Sclerosis, which she says has not progressed much in the last 15 years. I do not want to discriminate, but I have concerns about their ability to be functional in the near future.
He is presently on a walker and fairly weak . There is a shower only and no hold [grab] bars. There is a narrow entry door that can accept his walker, but could not accept a wheelchair. She works and leaves him alone nine to ten hours a day.
This is a lower apartment and I am concerned about the individuals in the upper apartment. I am also concerned that if I rent to them and their health gets worse that they may have trouble finding another place and where would that leave me?
Help, this one is a difficult one for me because I feel empathy for their situation.
Thanks, John
A: You can’t discriminate on the basis of their handicap and you state you don’t want to.
These tenants may want to make modifications to the apartment to accommodate any disability, such as adding grab bars, but under no circumstances should you offer, it must be their choice and they must request it. Amazingly, under the Fair Housing Act if you offered to modify the apartment or suggested it to them, you would be guilty of a Fair Housing violation.
They would have to pay for any changes plus pay you a deposit, if you require it, to put the place back in its original condition when they move.
You can’t assume there will be a problem. If as they claim, his Multiple Sclerosis has “not progressed” in 15 years, it may not “progress” for another 15, or it might tomorrow. He could also walk out into the street and get hit by a bus and crippled, requiring him to be in a wheelchair. Only psychics and time travelers can tell the future.
How long does your average tenant stay? That should be a clue to you about what is a reasonable period of tenancy and if you should be concerned with the length of tenancy at all.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.
