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Rainmaker
1,668,196
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

I'm no attorney, but I'd say yes.  

Apr 29, 2015 07:38 AM
Rainmaker
1,731,927
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

It certainly sounds like it.

Apr 29, 2015 09:12 AM
Rainer
20,279
Takia C. Walker
United Real Estate Columbia - Columbia, SC
Real Estate

Yes, seems discriminatory to me!

Apr 29, 2015 08:57 AM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

I'd say yes. Of course a lawyer is the best source for an opinion on this.

Apr 29, 2015 08:44 AM
Rainmaker
196,080
Jill Moog
Coast & Country Homes and Estates, Inc. - Carlsbad, CA
Carlsbad, CA Homes for Sale

Probably, also there are married couples who have different last names.

Apr 29, 2015 08:33 AM
Rainmaker
443,220
Cindy Davis
SD Home Source Realty - San Diego, CA

Sounds discimatory to me!

Apr 29, 2015 07:53 AM
Rainmaker
809,829
Bob Force (REALTOR®)
Weichert Realtors - Aspen Hill - Mount Airy, MD
The FORCE in Maryland Real Estate

Yes, Yes, Yes.  I do not know how else to answer that question but YES.

Apr 29, 2015 12:30 PM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

This doesn't sound right. I never took my husband's last name and it shouldn't matter to a landlord what their marital situation is anyway. 

Apr 29, 2015 12:25 PM
Rainmaker
3,627,322
James Dray
Fathom Realty - Bentonville, AR

I wouldn't touch that one.  Sounds like discrimination to me. 

Apr 29, 2015 09:16 AM
Rainer
26,764
Beatrice Briseno
RE/MAX Unlimited - San Antonio, TX
Beatrice M. Briseno, GRI, CDPE, San Antonio, TX

I believe familial status is a protected class....

Apr 29, 2015 08:27 AM
Rainmaker
386,078
Trumps Elite
Keller Williams Realty Acadiana - Lafayette, LA
Realtors/Career Consultant

Wow whee. I wouldn't touch that. 

Apr 29, 2015 10:48 AM
Rainmaker
1,245,039
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Explain the wife was retaining her last name. They are couples.

Do not mention the d* word.  It is more a preference or bias than anything else.

Apr 29, 2015 08:58 AM
Rainer
216,904
Sharon Altier
Coldwell Banker Realty - Elmhurst, IL
Luxury Property Specialist, CSC, SFR

I guess I would use the theory that their name does not affect the lease in any way, so why would a landlord make that an issue?  Their familial status has not bearing on a lease and it  a protected class.  The landlord should be concerned about issues like their ability to pay.  I agree with others; an attorney can confirm how your state views this, but this smells a bit nasty.

Apr 29, 2015 08:38 AM
Rainmaker
175,614
Spirit Messingham
Tierra Antigua Realty - Tucson, AZ
Third Generation Full-Time Realtor® 520 471-6900

Yikes.  I would not want to see that in writing and why would a seller want to limit their potential tenants?  In a state that does not allow same sex marriage for example, seeing the same last name as a must have, could spell trouble.  I am not an attorney, I would seek their legal advice.

Apr 29, 2015 08:13 AM
Rainmaker
316,098
Robert Smith
Preview Properties, PC - http://www.RealEstateMich.com - Brighton, MI
SRES, Search for Homes Brighton-Howell-SE Michigan

Yup.  Money talks. Do reference and credit checks.  Better yet, hire a company to totally vet them.

Apr 29, 2015 07:58 AM
Rainer
433,172
Virtual Realty Consultants
Virtual Realty Consultants LLC - Wellesley, MA
Making the American Dream a Reality

Would need more information. Is the issue unrelated parties living in a studio or one bedroom, or is it being used by the landlord to discriminate against unmarried couples (familial status) ?  The agent should have the answers.  You can also "flag" the listing on the MLS and have them ask the questions if you are reluctant to do so.

Apr 29, 2015 02:15 PM
Rainmaker
1,262,060
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Thanks for all your comments.  I saw this in a listing and it stuck out like a sore thumb!  It sounds as if the owner had an issue with a previous tenant/couple who had different names. But asking that couples have the same last name sure seems discriminatory to me.  Needless to say we DID NOT visit this listing.  I think I'll send a message to the agent and recommend they delete that requirement before something negative happens!

Apr 29, 2015 12:57 PM
Rainmaker
1,713,076
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Dont know legal, but what's the big deal?

Apr 29, 2015 12:14 PM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, I think can be.

Nov 03, 2018 06:55 AM
Rainmaker
630,251
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

I do not think so.

May 06, 2018 10:28 PM
Rainmaker
3,071,860
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

James Dray nailed this one!

 

Oct 19, 2017 04:08 AM
Rainmaker
699,277
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

That question is too general.  Check with your broker for your state regulations.

May 01, 2015 06:59 AM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Discrimination against Familial status is a violation of fair housing...everyone should have learned that in real estate school.

Eve

Apr 29, 2015 11:59 PM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Your question only suggests LAST NAME. Others have added insinuation that has not substantiated intent.

So, in building C of a complex can the occupants be required to all have a last name beginning with C? Or in building D all occupants must have a dog? Or in building R all occupants must be over 62.  Or in building Z, no minors allowed.

I think an attorney can make the landlords wish stick as you stated if declared in the same documents suggested in the above examples.. The suggested intent as offered by others has not been proven factual. 

Personally, I would choose to be only an observer in the situation you describe. It's not my fight.

 

Apr 29, 2015 10:10 PM
Rainmaker
4,934,338
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would have to say hell yes.

Apr 29, 2015 10:08 PM
Rainmaker
5,137,315
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Landlords have more leeway to decide to whom to rent. But I would sure check state laws on this issue first.

Apr 29, 2015 09:43 PM
Rainmaker
2,759,862
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

 That does sound like a question that an attorney would have to answer.

Apr 29, 2015 07:29 PM
Rainmaker
979,796
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Jan- Yes, that certainly sounds like it falls into discrimination. Familial status is a protected class, so it shouldn't matter to a landlord what last name the tenants have if they qualify.

Apr 29, 2015 05:47 PM
Rainmaker
1,629,511
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I would never request it. Do you know that 40% of couples are never married? p.s. When i got married I never changed my last name.

Apr 29, 2015 04:15 PM
Rainer
305,560
Tammy Adams ~ Realtor / Podcaster
Maricopa Real Estate Co - Maricopa, AZ
A Maricopa Agent who Works, Lives & Loves Maricopa

I would think it would go against familiar status. All families are different. Period. 

Apr 29, 2015 02:55 PM
Rainer
306,514
Brad Rachielles
CENTURY 21 Peak, Ca BRE# 01489453 - Upland, CA
REALTOR, CDPE, Upland, CA

Been wading through the answers looking for a response from a lawyer and found the Padulas' have answered.... note the JD.

Apr 29, 2015 02:52 PM
Rainer
469,754
William Piotrowski
Diamond Residential Mortgage Corporation - Naperville, IL
Just Call William 630-881-8655

YES YES YES 

Apr 29, 2015 01:52 PM
Rainmaker
4,320,142
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Jan Green - I think it is. If all other factors are good and they insist on this, it may be a violation of fair 'renting' laws, if there is something like that.

Apr 29, 2015 01:46 PM
Rainmaker
1,683,912
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

I would agree that it would not be the thing to do.  There are many married people that had different last names.  Does that mean you can't rent to them?

 

Apr 29, 2015 01:25 PM