QUICK ANSWER
Yes. Tenant screening errors can lead to housing denials when landlords rely on incorrect information included in a rental background check report. Tenant screening errors include false information about evictions, criminal records, credit information, rental history, or identity mix-ups that create a misleading picture of you as renter and affect decisions about your application, including housing denials.
Can Screening Errors Really Lead to Housing Denial?
Yes. Screening errors can really lead to housing denials because many landlords use tenant screening reports as part of the rental application process and the information in these reports often determines the outcome of your application. If a report has “bad data” or false information, a property manager (in good faith) may deny an application based on the false information.
For example, an applicant may be denied housing because of:
- An eviction that belongs to someone else
- Incorrect criminal record information
- Inaccurate credit reporting
- False rental debt information
- Identity theft-related errors
Even one error can directly affect housing opportunities.
What Types of Errors Can Appear on a Tenant Screening Report?
Tenant screening reports can contain a variety of mistakes across any of the categories of information included in the report.
- Incorrect personal information (name, date of birth, SSN)
- Wrong addresses (current and previous)
- Data entered twice (duplicate entries)
- ID theft records (unauthorized accounts, debts, loans, and transactions)
- Incorrect criminal records (misdemeanors marked as felonies, someone else’s record in your file, incomplete or misleading data)
- False public records (bankruptcies that never happened)
- Old and outdated information (dismissed charges that should have aged off, expunged or sealed records showing)
- Rental and eviction errors (inaccurate rental, payment, and eviction information)
Any inaccurate information that affects a housing decision should be reviewed and disputed.
How Do Tenant Screening Errors Happen?
Tenant screening errors occur for different reasons, including these:
- Willful Negligence (screening companies are aware of errors and do nothing to correct them)
- Human Mistakes (transposing the wrong digit or other data entry errors)
- Database Issues (Identity mix ups - like merged files)
- Automated Systems (records are quickly matched to the wrong person because of similar personal identifying information)
Note: Automated systems can make mistakes when records are matched to the wrong individual. For this reason, consumers should carefully review reports whenever they have an opportunity to do so.
What Are Your Rights Under the Fair Credit Reporting Act (FCRA)?
The Fair Credit Reporting Act (FCRA) provides you with numerous important rights, including the right to:
- provide consent before a tenant screening is conducted
- receive a copy of the report when it’s used in a housing decision
- dispute false information you find in the report
- seek legal help when companies do not remove or correct errors
- seek compensation when you’ve been harmed
The CFPB discusses tenant screening reports and rights.
What Is an Adverse Action Notice in Housing?
An adverse action notice in housing is a notice received whenever a property manager or landlord denies your housing application based on information contained in a tenant screening report. The FCRA requires a landlord or property manager to send you an adverse action notice after the housing denial has been made, theoretically giving you time to dispute any errors.
What Should You Do If You Are Denied Housing Due to an Error?
If you are denied housing due to an error in a tenant screening report, you can either (1) dispute the erros on your own, seeking corrections, or (2) talk to a consumer protection lawyer who handles tenant screening report errors for personalized legal advice, including help preparing a dispute and filing a lawsuit to seek compensation, if appropriate.
How Do You Dispute Tenant Screening Report Errors?
You dispute tenant screening report errors directly with the screening company (consumer reporting agency).
You can dispute by:
- Getting a copy of the rental background check report
- Reviewing the tenant report for mistakes
- Identifying and gathering copies of supporting documentation
- Submitting the dispute to the background check company (certified mail is recommended)
- Monitoring the investigation process (the company typically has 30 days to investigate)
- Seeking legal help if needed for a mishandled or ignored dispute, or if you were harmed by the tenant screening report errors
Be sure to include your contact information, a description of the error, an explanation of why the information is wrong, a statement about why errors should be corrected or removed, a reference to the supporting documentation, and a note that you have a right to request the correction under the Fair Credit Reporting Act (FCRA) and the rental screening company has an obligation to investigate and correct errors.
How Long Does It Take to Fix Tenant Screening Errors?
By law, it should only take 30 days to investigate and either fix or remove screening errors. In some cases, it may take up to 45 days. If it takes longer than this, your dispute is likely being ignored or mishandled and you should seek legal advice.
Can You Still Rent After a Screening Error Is Corrected?
Yes. You can still rent after a screening error is corrected, though you may not necessarily get the original rental for which you were denied due to the error. While removing inaccurate negative information can help ensure that rental decisions going forward are based on accurate facts rather than reporting errors, the landlord or property manage is not legally obligated to provide you with a rental opportunity that you already lost out on.
Can You Sue for Housing Denial Caused by Screening Errors?
Yes. In many instances, you can sue for a housing denial caused by tenant screening errors. This is a right granted by the Fair Credit Reporting Act (FCRA). Claims may arise when a consumer reporting agency fails to follow legal requirements, reports false information, fails to conduct a reasonable investigation after receiving a dispute, continues to report errors, or causes you harm- such as a housing denial.
Frequently Asked Questions
Can a landlord deny you without telling you why?
In most cases, no. Landlords are generally subject to various legal requirements regarding rental applicants and renters. When a tenant screening report contributes to a denial, certain notice requirements may apply.
Do landlords have to provide your screening report?
Not necessarily. However, if a tenant screening report is used in connection with an adverse housing decision (a denial), you have the right to receive a copy of the report.
How do you get a copy of your tenant screening report?
You can request a copy from the rental background check company that prepared the report or obtain one after receiving information related to an adverse housing decision.
Can old or dismissed eviction cases still show up?
Yes. They may appear in some circumstances depending on the reporting source, reporting practices, and the law. However, in some instances, reporting old or dismissed evictions can violate state law.
What if the screening company refuses to fix the error?
If the tenant screening company refuses to fix the error - you can file a second dispute, search for additional supporting evidence, or consider the option of working with a rental background check lawyer to file a lawsuit.
Can identity theft affect your rental application?
Yes. Identity theft can affect your rental application when false negative information like unauthorized or fraudulent accounts, debts, criminal records, or other information appears on a report.
Is it free to dispute tenant screening report errors?
Yes - it is free to dispute tenant screening report errors. Consumer reporting agencies cannot charge a fee for disputing inaccurate information and most tenant screening companies provide online dispute options. We recommend sending disputes through certified mail to preserve your rights and control tracking, so postage fees will apply.
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