Q: I have a question regarding rejecting an otherwise qualified rental applicant based on their personality.

Recently, when showing the apartment, it quickly became apparent that this person was a difficult person and it would require extra time and money to satisfy her requests. I didn’t think it was good business to rent to this person but went ahead because I didn’t know if I was on solid legal grounds. This person was not a minority or in any other protected category.

Starting before move in and subsequently, my judgment has proven correct. Is it legal to reject someone based on personality and the expectation of trouble?

Landlords attorney Ted Smith replies: The rental screening process is a work of art. California’s landlords are required to exercise non-discriminatory standards on all prospective applicants.

The three “pillars” of screening — credit, income and rental history — form the basis for resident selection.

Although your hunch has been proven to be correct, you will need to support your decisions on rental denial by objective facts. In this case, you would want to take a close look at the rental history to see if the behavior problems of the prospective resident have been experienced by former landlords.

In addition, take a good look at the credit history and income to make sure it is consistent with your non-discriminatory standards.

State and federal law prohibit discrimination against any protected class.

But, to answer your question, I believe it is reasonable to reject a belligerent, obnoxious, unreasonable applicant because there is no legitimate way to conduct or conclude the process. The belligerent or evasive prospect that makes it impossible or at least impractical to conduct the interview and selection process should be rejected under these circumstances.

Q: About a year ago, I moved into an apartment in a great location. It was the only available apartment in the area.

The carpet was steam-cleaned but was stained, matted and looked old. When I did the walk-through with the manager, she agreed that the carpet was matted in the high-traffic areas, but indicated that the landlords wouldn’t replace the carpet at that time.

I am now approaching the end of my 12-month lease and wish to renew the lease for another year if the landlord will replace the carpet. The manager said she sees no reason to replace the carpet. I have asthma, which is worse due to this carpet. What can I do to force them to change the carpet?

Property manager Robert Griswold replies: You can always seek feedback from a doctor but, without expensive testing, you may have difficulty proving that your asthma is related to the carpet.

I suggest that you put your request in writing citing the same facts you shared with me. If that doesn’t work, seek another apartment and give notice. Maybe your landlord will reconsider when they know you are serious. Of course, you must ask yourself whether you want a landlord who requires you to go that far before they comply with your request.

You could also offer to agree to a slight increase in your rent to share in the cost of the new carpet and ask that you be allowed to select the color.

Send questions to Rental Roundtable, 5703 Oberlin Drive, Suite 300 San Diego, CA 92121-1743, or by e-mail to rgriswold@retodayradio.com.