How Can I Make Sure I am Following the Law When Advertising to Potential Tenants?

Introduction to Rental Listings

Creating an effective rental listing is essential for attracting prospective tenants and ensuring your rental property stands out in a competitive market. A compelling rental listing description paired with a catchy rental listing title and high-quality photos of all the major rooms can make your property more appealing to potential tenants browsing rental sites and online listings. The goal is to highlight your property’s best features while providing all the key property details that renters searching for a new home want to see.

When you advertise your rental property, start with a short description that clearly outlines what makes your rental unit unique. Use a catchy rental listing title that includes important information such as the number of bedrooms, bathrooms, and the property’s location—especially if it is in a well-known neighborhood or within walking distance to public transit, grocery stores, or other amenities. High-quality photos taken in natural light will give potential renters a better sense of the space and help your listing stand out among comparable properties.

Be sure to include detailed property information in your rental listing ad, such as the rental price, lease length, pet policy, utilities included, and any special features like hardwood floors, a fenced yard, or updated appliances. Mentioning nearby amenities and public transit options can also boost visibility and attract local renters who value convenience.

Utilizing rental platforms and other partner sites can maximize your listing’s exposure and help you fill vacancies faster. These platforms are designed specifically to connect landlords with qualified tenants, and often provide free access or affordable upfront cost options for small landlords. By comparing your rental price to similar rental units in your area, you can ensure your property is competitively priced and appealing to quality renters.

Remember, while it is important to make your rental listing as attractive as possible, you must also ensure your ad does not violate fair housing laws. Always provide equal opportunities for all potential tenants and avoid language that could be seen as discriminatory.

By following these best practices and staying visible on all the major rental sites, you can attract great tenants, minimize lost income from vacancies, and enjoy a smoother rental experience. Stay responsive to interested renters, be ready to answer questions about your property, and keep your listing link updated to maintain interest from quality tenants. With the right approach, you will be well on your way to finding the best tenants for your particular property.

Showing No Preference vs. Allowable Preferences 

In the majority of cases, the goal is to show no preference at all. You cannot, for example, advertise a property to only one color or race of people, nor can you exclude any color or race. You also have to be very careful that you do not discriminate based on a person's national origin, sex, religion, disability, or familial status. In other words, you cannot rent only to women or only to couples without children. There are a few exceptions, but most housing is not covered by these.

Be aware that there are times when you could refuse to rent to someone because they have four children and the property is a one-bedroom house, for example. In this case, it is not about fair housing, but about safety and occupancy restrictions. These types of occupancy laws are in place to keep people safe and reduce the risk of injury and death if there is an emergency in the building, such as a flood or fire. A studio apartment can be rented to only one person, in most cases, while a one-bedroom apartment can often be rented to two people. Sometimes a couple with a young child would be accepted, but each state has varying occupancy guidelines.

The main point to remember when it comes to advertising for potential tenants and addressing housing laws is that you pay attention to the protected classes and create ads that avoid discriminating against any of these. An ad that says "no families" would be very different from one that says "studio apartment, single occupant only." While the second statement clearly implies that a family with children would not be allowed to live there, the reason for that decision is that the apartment is too small for the family, not that the landlord does not want families or children living at their property.

Another example of when a preference might be allowed is a 55+ community. These communities are specifically designated, by law, for people who are 55 years of age or older. That means a landlord who has a rental in this community could legally discriminate based on age and familial status. However, they would need to be careful that they do not discriminate on any other grounds at the same time. Race, national origin, and other protected classes of an applicant would have to be respected, and a preference in those areas could not legally be shown.

By creating an ad that clearly states that the landlord abides by fair housing laws, as well as making sure there are no preferences indicated, unless those preferences are legal (such as 55+ communities or occupancy restrictions based on apartment or house size), you are much more likely to avoid any issues with discrimination. Being accused of discriminatory practices could get you a bad reputation as a landlord and could also mean legal trouble that you definitely want to avoid.

Avoiding Discriminatory Language

All advertisements for rental properties should avoid discriminatory language. This is true even if the property has other restrictions where discrimination would be legal, such as in the examples above. That means that an ad that says something like "senior community" or "55+ community" is fine, but an ad that says "no children" or "no families" is not acceptable, even though children cannot legally live there anyway. One of the single biggest mistakes that landlords make in advertising is assuming that one phrase is equal to another. Discriminatory language can create serious problems and should always be avoided when creating ads.

The same type of issue with advertising often happens where people with disabilities are concerned. A landlord can say "second-floor apartment, no elevator," but not "no wheelchairs" in the ad. While it is completely logical that a person who uses a wheelchair would not live in a second-floor apartment without elevator access, the ad for the rental property cannot state that the person with the disability would not be welcome or allowed. That is considered discrimination, and is against the law.

There are many areas where a landlord could make a mistake when creating an ad for a rental property. The best course of action is to describe the property itself and not refer to the kind of people who could/would/should live there. The same rule applies to descriptions of the neighborhood; the landlord should avoid interjecting neighborhood information that could also be considered discriminatory. Comments about the racial makeup of the neighborhood, for example, should never be included in a rental advertisement. While some landlords may think they are helping potential tenants choose places where they will feel at home, this language should always be avoided.

If you are in doubt about the information you are putting into an ad, you may want to consult a real estate attorney to ensure you are following the law properly. If you are using a real estate agent, this will add extra safety for you because agents know these laws and will not create an ad with discriminatory language. With good advertising for any rental property, you can stay on the right side of the law and find a quality tenant. That can help you get back to other pursuits and bring in income from your real estate investment.