Can I legally say I do not want to rent my Florida home seasonally to families with babies because it is not suitable for children?

UPDATED: Oct 1, 2022

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Can I legally say I do not want to rent my Florida home seasonally to families with babies because it is not suitable for children?

There is a pool and I am terrified for the safety of the 2 yr old. Also, there
is a 1,000 security deposit in the lease. Can I increase this amount to cover
any potential damage?

Asked on November 2, 2017 under Real Estate Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your state prohibits discrimination based on marital or family status, so you can't do this: it would subject you to liability. You can have a security deposit equal to at most the equivalent of two month's rent; you can and should also have a lease provision that the renters indemnify and hold you harmless from any pool-related liability during their stay--i.e. pay for any liabilty you incur (which still would only help if you are sued for enough to make it worthwhile for you to sue the renters to enforce the lease--and they have enough money to pay any judgment you get againt them). In addition, you should remove the antique furniture; and should increase the rental amount to where you can afford to professional clean or repaint as necessary and still make money; and make sure you have alot of insurance--that, or perhaps not rent, since your home may not be suitable.

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