Lease Application Denial?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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