Introduction

The question often arises in the context of a marriage or partnership when one spouse is unable to work due to a disability, while the other partner manages to find a job. The concern is whether landlords will provide housing for both parties. This article explores this scenario, providing insights into tenant rights, eligibility, and the policies of landlords in the United States.

Understanding Tenant Rights

When the non-working spouse signs up for Social Security Disability Insurance (SSDI), it doesn't automatically disqualify them from leasing a property. The key consideration for landlords is to ensure the rent is consistently paid on time. If there is a working spouse who can afford the rent and the household income meets or exceeds any income requirements, the couple can still become tenants. In this case, which of the spouses pays the rent doesn't matter as long as it’s paid in full and on time.

Landlord Considerations

Landlords primarily consider the total income of the household. Landlords have a responsibility to evaluate the potential tenant's income, as it directly impacts their ability to fulfill the lease terms. If a landlord sets an income requirement of three times the rent, for example, the couple together must have at least that much in income. This can come from one spouse working alone, both spouses working part-time, or combining income from working and disability payments.

Landlords must consider various factors when evaluating potential tenants. The most important factor is the tenant's ability to pay the rent on time. If a landlord refuses to rent to a couple because of the non-working spouse's disability, they may be violating tenant protection laws. In the United States, such discrimination is often illegal under federal and state laws, including the Fair Housing Act. This legal protection ensures that tenants with disabilities have equal housing opportunities.

Historical Factors and Verifiable Income

While a landlord should focus on a tenant's ability to pay the rent, they also consider other factors. A history of eviction or living solely on benefits can be red flags for some landlords. Eviction history can indicate instability or lack of financial responsibility, while relying solely on benefits can raise concerns about long-term commitment to the rental agreement. However, landlords who make discrimination based on a tenant's source of income are taking a significant legal risk.

Conclusion

Couples in which one spouse is unable to work due to disability can still find housing with the help of the other partner's income. Landlords primarily evaluate the total income, payment history, and other verifiable financial details. Understanding these factors can help both parties navigate the landlord-tenant relationship effectively. It's crucial for both partners to research their rights and the specific requirements of potential landlords to ensure a successful tenancy. landlord, disability, rent payments