QUICK ANSWER
You dispute tenant screening report errors by requesting a copy of your report, identifying inaccurate information, submitting a written dispute to the tenant screening company, and providing supporting documentation. Under the Fair Credit Reporting Act (FCRA), tenant screening companies must investigate your dispute and correct or remove inaccurate information within 30 days (for most disputes).
What Is a Tenant Screening Report?
A tenant screening report is a consumer report landlords use to evaluate rental applicants. It generally combines data from your credit profile with data from a background check report. It is meant to serve as a tool for assessing your ability to afford the rental and pay on time, and determine whether you pose any kind of safety risk to neighbors or other tenants.
What Information Appears in a Tenant Screening Report?
Tenant screening reports commonly include credit information, eviction records, criminal history, rental history, income data, and identity information.
Why Accurate Tenant Screening Reports Matter
Accurate tenant screening reports matter because landlords rely on these reports to make rental decisions. Errors can lead to being unfairly denied housing, facing unnecessary delays, or being burdened by additional costs (like higher security deposits).
Common Tenant Screening Report Errors That Can Affect Rental Applications
- Wrong Criminal Record Information
Rental reports may include criminal records that belong to someone else or contain outdated or incorrect information about your engagement with the criminal legal system.
- Inaccurate Eviction Records
Some rental reports incorrectly list evictions that never occurred or fail to show that a case was dismissed.
- Mixed File and Identity Errors
Mixed file errors happen when another person’s information is mistakenly added to your tenant screening report because of similar identifying information (such as shared birthdates and last names, or similar social security numbers).
- Incorrect Credit or Rental History Information
Incorrect payment history, account information, or rental records may unfairly affect your rental application by painting an incomplete or inaccurate picture of your life as a tenant up until now.
What Are Your Rights When a Tenant Screening Report Contains Errors?
You have the right to dispute erroneous information in a tenant screening report under the Fair Credit Reporting Act (FCRA).
- The Right to Dispute Inaccurate Information
Consumers have the right to request that false or incomplete information be investigated and corrected.
- The Right to Have Your Dispute Investigated
Tenant screening companies must conduct a reasonable investigation after receiving a dispute and typically must respond within 30 days from the date of receipt, correcting information that can’t be verified as accurate.
- The Right to File a Lawsuit and Seek Compensation
If your dispute does not result in corrections or if you suffered harm because of reporting mistakes, you have the right to file a lawsuit if necessary, and the right to seek compensation.
- The Right to Work with a Lawyer
The FCRA protects your right to work with a lawyer to fix tenant screening report errors by making the companies you sue pay your legal bills in a fee-shifting legal framework.
How to Dispute Errors on a Tenant Screening Report
You can dispute tenant screening report errors by identifying the inaccuracies and submitting a dispute to the tenant screening company.
- Request a Copy of Your Tenant Screening Report
Get a copy of the report so you can review the information being reported. You can request a copy from the landlord/property manager handling your application, or directly from the tenant screening company.
- Identify and Document the Inaccuracies
Highlight incorrect information and compile documents that support your dispute.
- Submit a Dispute to the Tenant Screening Company
Explain the errors in writing and submit the dispute through certified mail, along with copies of any documents that support your position.
- Keep Records of Your Communications
Save copies of dispute letters, emails, and other communication for your records, along with mail receipts.
What Happens After You Dispute a Tenant Screening Report Error?
After you dispute a tenant report, the tenant screening company must investigate your dispute and notify you of the results.
How Long Does a Tenant Screening Investigation Take?
Most investigations must be completed within 30 days under the FCRA. Some can extend to 45 days if additional information is submitted.
Possible Outcomes of a Tenant Screening Dispute
If successful, the disputed information may be corrected, deleted, or properly verified as accurate. If your dispute is ignored or mishandled and the inaccurate information is falsely verified as accurate.
Receiving a Corrected Tenant Screening Report
If changes are made, you should receive an updated report reflecting the corrections. If changes aren’t made, the errors remain on your report and the fallout is ongoing.
What If the Tenant Screening Company Does Not Correct the Error?
If a tenant screening company fails to correct inaccurate information after you submit a dispute, you have additional legal rights under the FCRA that provide other options for getting corrections. Depending on the circumstances, you may be able to file a lawsuit and recover damages for financial losses, emotional distress, or other harm.
Signs of a Potential FCRA Violation
Ignoring valid disputes, failing to properly investigate disputes, or continuing to report inaccurate information are violations of the FCRA.
Housing and Financial Harm Caused by Reporting Errors
Reporting errors can result in denied housing, higher costs, or lost rental opportunities.
When to Contact a Consumer Protection Attorney
Consider speaking with a consumer protection lawyer with experience in tenant screening errors if reporting errors are not corrected or have caused you harm.
How a Consumer Protection Lawyer Can Help With Tenant Screening Report Errors
A consumer protection lawyer can help explain your rights under the FCRA, evaluate your claim, and pursue available remedies when appropriate, including corrections and compensation.
Investigating FCRA Violations
An attorney can investigate by reviewing your report and your dispute history, and determining whether the law was violated.
Compensation for Tenant Screening Report Errors
Consumers may be able to recover compensation (money) when inaccurate reporting causes financial and other harm.
Holding Tenant Screening Companies Accountable
Legal action may help correct reporting errors, recover available damages, and hold tenant screening companies accountable for violations of the FCRA.
Frequently Asked Questions
What documents should I include with a tenant screening report dispute?
Include copies of documents that support your claim, such as court records, identification, payment records, or rental documents.
Can I dispute inaccurate eviction records on a tenant screening report?
Yes. You have the right to dispute inaccurate eviction records with the tenant screening company.
Can I dispute incorrect criminal records on a tenant screening report?
Yes. Incorrect criminal records can be disputed if they present information that is false, incomplete, misleading, outdated, unreportable (such as expunged records and sealed records), or someone else’s information.
Will disputing a tenant screening report affect my credit score?
No. Disputing a tenant screening report does not directly affect your credit score. Though it’s possible that credit-related tenant screening errors are a reflection of a larger issue impacting your credit reports, so fixing the errors may indirectly affect your credit score.
What rights do tenants have under the Fair Credit Reporting Act?
The FCRA gives consumers the right to access their reports, dispute information that is wrong, have reasonable investigations conducted, have inaccurate data corrected, and pursue a lawsuit if needed.
Can I sue a tenant screening company for reporting inaccurate information?
Yes. If the company violates the FCRA and you suffer harm, you may have the right to pursue legal action.
How much can I recover in a tenant screening report lawsuit?
The amount depends on the facts of the case and the damages available under the FCRA.
Do I need a lawyer to dispute a tenant screening report error?
Not necessarily. You can dispute errors yourself, but an attorney may help optimize outcomes, including securing corrections and compensation.