Key Takeaways
- Tenant screening errors include inaccurate, misleading, incomplete, false, outdated, or unreportable information
- Common errors include mixed files, criminal history errors, inaccurate employment and income information, false eviction and rental history
- Tenant screening errors can cause rental application denials or worse lease terms, including increased deposit amounts, delay moves, cause housing insecurity, damage your reputation, and lead to significant stress
- Consumers have the right to dispute tenant screening errors under the Fair Credit Reporting Act (FCRA)
- If errors aren’t corrected or cause harm, a tenant screening error lawyer helps consumers pursue corrections and seek compensation
What Are Tenant Screening Errors?
A tenant screening error is a data error that shows up in a tenant screening report during the rental application process.
Tenant screening reports, which include a rental background check component and a credit report component, are used by landlords, property managers, and housing providers to make rental decisions. The information included in a tenant screening report is frequently the determining factor in whether an application is approved or denied, and is also relied on for setting the financial terms of the lease.
Tenant screening report mistakes can show up in any of the various categories of information, including financial data, criminal data, eviction data, or other data.
Common Types of Tenant Screening Errors
- Mixed file errors: Your credit and financial information or background check information is combined with someone else’s information because of a similar name, birthdate, or Social Security Number
- Inaccurate personal information: wrong names, addresses, or Social Security numbers
- Credit report errors: any of the types of credit report errors that appear on traditional credit reports can also appear on tenant screening reports, including incorrect reporting of late, missed, or delinquent payments, wrong credit scores, false debt and delinquency data, and more
- False criminal records: any type of background check error can show up in a tenant screening report, but criminal record errors include wrong charges, incomplete information, unspecified outcomes, misleading information, reporting expunged or sealed records, false sex offender or national watchlist status, and other mistakes
- Eviction and rental history mistakes: wrong dates and addresses, outdated information, false lease violations or rental collections reporting
- Employment and income errors: inaccurate details about dates and names of employers and wrong information about income and employment status
- Dupicate entries: the same entries appearing multiple times as exact duplicates or being reported repeatedly in slightly different ways
- Outdated or unreportable information: data that should have aged-off your report or should not be reported at all under state law
How Tenant Screening Errors Harm You
Tenant screening reports are used by landlords, property managers, and housing providers to assess rental applications and make decisions on approvals, denials, and lease terms, so tenant screening errors can have serious consequences, causing lost rental opportunities, financial impacts, and housing insecurity.
Common Consequences of Rental Background Check Errors
Rental report inaccuracies can lead to serious consequences for people who rely on rental housing. If you experience any of these common consequences of aparment background check errors, you should consider speaking with a tenant screening attorney.
- Wrongful rental denials. Whether you’re looking for long-term or short-term rentals, you can be flagged as a rental risk and denied.
- Increased security deposits. Even if you’re approved for a rental, inaccurate or misleading data can mean that you get stuck with worse lease terms, including higher security deposits.
- Delayed relocations. No matter why you need to make a move, if you can’t secure housing, you have no where to go. Relocations, even for jobs, can be delayed.
- Difficulty finding safe housing. If your real record isn’t being considered, you may only qualify for rental arrangements less secure for single renters or renters with young children.
- Mental and emotional distress. From missing out on long-awaited opportunities to losing sleep due to worry, or being plagued by anxiety, the toll these errors take is real.
- Damage to reputation. Unfounded and false criminal accusations or financial and eviction history can damage your reputation.
- Financial losses. Wasted application fees, costs for additional housing searches, higher deposits and monthly rents, and other financial losses.
Tenant Screening Errors at a Glance
| Tenant Screening Issue | Why It Matters |
|---|---|
| Criminal Record Errors | Can result in immediate denial and limit access to certain locations |
| Credit Report Errors | May affect approval decisions and increase security deposit |
| Eviction Record Errors | Often have a significant impact on housing eligibility |
| Mixed Files | Can incorrectly associate someone else’s information with you |
| Outdated Records | May violate consumer reporting requirements |
What Companies Create Tenant Screening Reports?
There are some of the most common rental background check companies. Errors can appear in reports prepared by any of these companies and should be disputed. Notably, since these companies are considered consumer reporting agencies, they produce FCRA tenant screening reports, which means certain legal rights come into play for renters (see below for more information).
- TransUnion SmartMove
- TransUnion Rental Screening Solutions
- RentGrow, Inc.
- SafeRent Solutions (formerly CoreLogic Rental Property Solutions)
- RealPage Screening
- On-Site
- AppFolio Screening
- Experian RentBureau
Your Rights Under the Fair Credit Reporting Act (FCRA)
The Fair Credit Repoting Act protects renters because it regulates reports made by consumer reporting agencies and gives consumers strong legal rights. Tenant screening companies are consumer reporting agencies under the law and must follow the same accuracy requirements that the credit bureaus and background check companies must follow.
Under the FCRA, Renters Have the Right To:
- An accurate tenant screening report
- Obtain a copy of your report at the time that it’s run
- Know when a report was used against you in a rental decision
- Dispute inaccurate information in the report
- Have your dispute investigated and responded to within 30 days
- Seek compensation when your rights are violated
- Have your legal fees paid for by the tenant screening company when you successfully challenge them
How to Dispute a Tenant Screening Error
Taking these steps to dispute rental background check errors will set you on the path toward recovery.
- Get copies of your tenant screening report. You have a right to receive and review a copy of your rental report at the time that it’s run in connection with an application you submitted. If you didn’t receive a copy automatically, you can request one directly from the rental screening company.
- Review your tenant screening report for mistakes. Carefully review your tenant screening report. Go through line by line, highlighting or clearly marking any errors in your personal, financial, criminal, and other details. You are looking for any inaccurate, misleading, incomplete, outdated, duplicate, or unreportable information.
- Gather evidence. You’ll need to include copies of supporting documents and reference them in your dispute letter.
- Write a dispute letter. Prepare a clear and thorough dispute letter, listing specific errors, explaining why the information is wrong, and describing the evidence you have to support your position. What is wrong, why it’s wrong, and what proof you have.
- Submit your dispute. You file a tenant screening dispute with the rental background check company that created the report using their online dispute portal or mailing address. We recommend filing via certified mail to preserve all of your legal rights and create a paper trail that is under your control, including proof of receipt.
- Keep copies of everything. Maintain a copy of the letter and the documents for your file, along with the mail receipt.
- Track the timing. The tenant screening company has 30 days to respond in most instances.
- Consider legal action. You can explore legal options with a rental background check lawyer at any point in the process, including the option to file a lawsuit and seek compensation.
When Should You Contact an FCRA Lawyer?
Correcting tenant screening errors is something you can do on your own and many people have successful outcomes. However, what should be simple can also be turned into a complicated and convoluted process by the tenant screening companies and other companies involved.
Reasons to Contact an FCRA Lawyer
- Your dispute is ignored
- Your dispute is not adequately investigated
- The information in dispute is falsely confirmed as accurate by the rental screening company
- The information in dispute is removed but returns again
- You suffered financial or other harm as a result of a tenant report error
What Does a Tenant Screening Error Lawyer Do?
- Supports the entire process. A tenant screening report error lawyer navigates the entire process with you, from the first minute you realize there’s an error until the final moment when you get corrections and compensation.
- Researches and explains the law. Understanding the specific facts of your situation in light of the applicable law are how a lawyer builds a strong claim. A lawsuit should go after the tenant screening company using every possible legal option available.
- Understands the problems. An experienced rental background check lawyer has seen, heard, and handled every type of reporting error.
- Anticipates legal challenges. A lawyer knows the tactics used by the tenant screening companies and other companies to delay doing anything to fix reporting errors.
- Provides personalized legal guidance. A lawyer helps you review and understand your tenant screening report, where the information is coming from, identify and gather necessary evidence, craft and file legally sound dispute letters, and advise you of your rights and best practices along the way.
- File a strategic lawsuit. If errors aren’t corrected or the fallout persists, a lawyer files a tenant screening lawsuit to hold the consumer reporting agency accountable.
- Seeks compensation. If you’ve been harmed by tenant screening errors and you’re entitled to compensation, a lawyer knows how to make the claim and maximize the potential outcome.
How Much Does a Tenant Screening Lawyer Cost?
The Fair Credit Reporting Act contains a fee-shifting provision which allows you to get legal help from an attorney without paying anything upfront or out of pocket. If you work with a tenant screening lawyer who uses this fee model, the rental background check company pays your legal expenses when you successfully challenge them.
You can also get a free consultation so that you pay nothing to have your case evaluated by a lawyer.
Key Takeaways on Costs
- Free consultation
- No out-of-pocket attorney fees
- Fee-shifting provisions under the FCRA
- Recovery of attorney fees from defendants when permitted by law
Contact Consumer Justice Law Firm
We have one of the largest consumer reporting law firms in the nation for a reason. Our team of experienced consumer protection attorneys are dedicated to protecting your consumer rights under the FCRA.
If you’ve been harmed by tenant screening errors, reach out for a free consultation and personalized legal action plan from Consumer Justice Law Firm.
Frequently Asked Questions
What is a tenant screening report?
A consumer report containing your credit, financial, rental, employment, criminal, and eviction information that is used by a landlord, property manager, or housing provider to assess the financial and other risks involved with renting an apartment to you.
Can a tenant screening error cause a rental denial?
Yes. Because tenant screening reports contain a broad scope of information about you, they are often the deciding factor in whether to approve or deny you a rental, or to set the terms of your lease agreement. These errors frequently lead to a wrongful rental denial.
How do I get a copy of my tenant screening report?
You can get a copy at the time the report is run, usually in conjunction with the rental application. If you are not offered the choice to receive a copy automatically, you can contact the tenant screening company or landlord to request one.
How long does a tenant screening dispute take?
By law, the tenant screening compnay typically has 30 days to investigate and respond to your dispute. If the tenant screening errors aren’t corrected in that period of time, you have other legal options for getting corrections and compensation.
Can I sue a tenant screening company?
Yes. You can file a lawsuit against a tenant screening company for various FCRA violations in connection with your rental background report. Some examples of when a lawsuit may be appropriate include when a tenant screening company ignores your dispute, removes false information but later reinserts it again, does not adequately investigate your dispute, or the error causes you harm.
Can I get compensation for a tenant screening report error?
Yes. If you are successful in a lawsuit against a tenant screening company you may be eligible to collect compensation.
What if someone else’s criminal record appears on my report?
If someone else’s criminal record appears on your tenant screening report, you need to dispute it. This is called a mixed file and is a common form of tenant screening error.
Can old eviction information appear on a tenant screening report?
Yes. An old eviction that is within the allowable reporting period under state law can appear on your tenant screening report. If an old eviction that should have aged-off under state law appears, it is an error.
What should I do after being denied housing because of a background check error?
You should contact a tenant screening report lawyer for a free consultation to discuss the facts of your case, the relevant law, what claims you may have, whether a lawsuit is needed, and what compensation you may be entitled to.
How much does a tenant screening lawyer cost?
If you work with a tenant screening lawyer who works on a contingency basis and offers free consultations, you will never pay anything upfront or out of pocket. The lawyer only gets paid when they win and their costs are paid by the tenant screening company as part of the settlement or judgement.
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