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FACTS:                    

The prospective tenants, who are not members of a protected class, were approved to rent the single-family residence by the landlord and property manager.  The property manager, therefore, prepared a draft lease and emailed it to the prospective tenants.  The tenants did not respond for over 48 hours.  The landlord, anxious to get the property leased, advised the property manager to revoke the offer to lease and pursue another one of the many tenants that submitted rental applications. The property manager complied. The prospective tenants subsequently complained that the property manager was unlawfully discriminating against them and revoking the offer to rent was “illegal.” 

ISSUE:                      

Was revoking the offer to rent illegal? 

ANSWER:                

No.

DISCUSSION:         

The tenants are not members of a protected class.  Therefore, there can be no discrimination under the Fair Housing Act.  Moreover, here, the revocation of the offer was based on the tenants’ failure to respond timely in a hot rental market.  The landlord and property manager had the legal right to revoke the offer to rent at any time prior to acceptance by the tenants.  See Richards v. Simpson 111 Ariz. 415, 531 P. 2d 538 (1975).  As such, revoking the offer to rent was not illegal under these circumstances.