Lease Application Denial?

UPDATED: Sep 30, 2022

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Lease Application Denial?

I was recently denied from a lease in the state of Florida because of a
misdemeanor chargedismissed for possession of marijuana under 20
grams. The lease application only asks for felony convictions and nowhere
mentions misdemeanors. I have lived in this apartment complex for the past 2
years and only this year has it become an issue. My parents want to pursue
legal action because of the denial being on record and because the leasing
agency did not disclose this requirement.

Asked on December 14, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There really isn't anything you can do: there is no right to live in any given unit or building, and the landlord can deny your application for essentially any reason that they feel makes you unsuitable (other than, say, racial, religious, disability, or national origin based discrimination). So if they became aware of the old charge, the legally could deny your application on that basis: there is law protection you from being denied due to an old, even dismissed, charge.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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