In today’s world if you are applying for an apartment or rental home you should expect that you will have to agree to having a consumer report or tenant screening report performed. Tenant screening reports are prepared by third-party companies that search court records – many times through large national databases of information – to provide a landlord with a report on your past criminal, credit, and rental history. Landlords justify their request for these reports based on a desire to know if their potential tenant has previous issues with a landlord or trouble paying their bills. Thus, the potential tenant’s ability to rent a residence depends on the accuracy of the tenant screening report.
Many times, these tenant screening reports contain inaccuracies that can prevent you from renting the apartment that you want.
Tenant screening generally includes a criminal history report. Unfortunately, errors on these reports happen often and can cause your rental application to be denied. Some of the most common errors on tenant screening reports are mixing or mis-matching information and failing to provide complete and up to date information. Mixing or mis-matching your information occurs when the tenant screening company does not use full and complete personal identifying information to match you to the records they are searching.
Failing to provide complete and current information happens when the tenant screening company does not look at the full record and therefore reports the wrong charge or disposition of a criminal case or eviction.
Mixed files are the most common cause of incorrect criminal history on background checks for apartments and rental properties. Mixed files happen when the criminal history that belongs to another individual ends up on your background check. Sadly, this can happen due to having the same or similar name to someone else.
This type of tenant background check error can be the most damaging. For example, if your background check wrongfully says you are on the sex offender registry this can not only affect your ability to get an apartment but it can also ruin your reputation. That is why it is important for tenant screening companies to be sure that the information they provide to landlords is accurate and up-to-date.
Housing and apartment background checks generally include the following:
Tenant reports can contain more information depending on what the landlord requests from the tenant screening company.
There are many companies that landlords use for screening tenants. Some offer instant verification services. These reports can be compiled within 24 hours. This sounds great because you and the landlord can quickly get answers. The problem is that with instant results, there are more inaccuracies. Similar names and addresses can show up on your report. They can contain the criminal history, rental history, or bad credit of another person. These mixed files can result in denial of housing or an apartment.
The Fair Credit Reporting Act (FCRA) covers the tenant screening companies and the reports they sell. Under the FCRA, the companies that sell tenant screening reports are consumer reporting agencies. The FCRA says that consumer reporting agencies must have policies and procedures to assure the maximum possible accuracy of the reports that they sell.
The presence of mixed or mismatched information or information that is not full, current, or complete on a tenant screening report shows that the tenant screening company did not assure maximum possible accuracy.
If you have been the victim of an inaccurate tenant screening report, there are remedies available to you under the FCRA. The FCRA allows you to bring a lawsuit to get your tenant screening report corrected. Additionally, you may be entitled to recover money damages for the loss or delay in your rental opportunity and the emotional upset that was caused by the inaccurate tenant screening report.
Under the FCRA, you do not have to pay attorney’s fees and costs. The FCRA requires the tenant screening company to pay your attorney’s fees and costs. Therefore, regardless of the outcome, you will not have to pay attorney’s and costs to bring a lawsuit if your rights are violated under the FCRA.
You must be notified by the landlord of adverse action. It can happen orally or in writing. This means if they change leasing terms or deny housing due to the background check they must let you know.