Can a landlord refuse to rent to someone?

Question

Accepted Answer

Short answer: Yes, a landlord can refuse to rent to someone in many circumstances, but Arizona law prohibits refusals based on certain protected characteristics.

When refusal is prohibited:

- A landlord may not refuse to rent, refuse to negotiate, or otherwise make a dwelling unavailable to any person because of race, color, religion, sex, familial status, or national origin, and may not discriminate in the terms, conditions, or privileges of a rental on those bases .
- A landlord may not refuse to rent or otherwise deny a dwelling because of a disability of the buyer or renter, of a person residing or intending to reside in the dwelling, or of a person associated with the buyer or renter . Discrimination on the basis of disability also includes refusing to permit reasonable modifications (at the tenant's expense) or refusing to make reasonable accommodations in rules, policies, practices, or services needed for the person to use and enjoy the dwelling .
- A landlord who knowingly refuses to rent a dwelling because the applicant has a child or children, or who advertises a restriction against children, is guilty of a petty offense . A person whose rights under this provision are violated may sue for injunctive or declaratory relief, actual damages, a civil penalty of three times the monthly rent if the violation was intentional, plus court costs and reasonable attorney fees .

Exceptions and permitted refusals:

- The fair housing provisions do not prohibit refusing to rent to a person convicted under federal or state law of the illegal manufacture or distribution of a controlled substance .
- A landlord is not required to make a dwelling available to an individual whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others .
- The prohibition on refusing families with children does not apply where a valid restrictive covenant restricts occupancy by persons with children, or where the property qualifies as housing for older persons under section 41-1491.04 .
- A landlord may refuse to rent based on reasonable occupancy standards that apply to persons of all ages and were adopted and published beforehand; an occupancy limit of two persons per bedroom is presumed reasonable .

Limits of this answer: The sources provided do not address other possible screening criteria (such as credit history, income, or rental history), so this answer cannot say whether refusals on those grounds are permissible. For advice about a specific situation, consult a licensed Arizona attorney.