Landlord Tenant Screening Report Errors Lawyer

Is The Information On Your Landlord Tenant Screening Report Incorrect? Our Atlanta, Georgia Lawyers Can Help

Landlords routinely use consumer reports to evaluate potential tenants for residential properties. These reports, often called tenant screening reports, help landlords assess the risk of renting to a particular individual, providing insight into a tenant’s creditworthiness, rental history, and overall reliability. However, tenants need to understand their rights under federal law, particularly the Fair Credit Reporting Act (FCRA), which governs how consumer reports are created, used, and maintained.

What’s Included in Tenant Screening Reports?

Tenant screening reports can include a range of personal and financial information. Here are some common components of these reports:

• Eviction Histories: Records of prior evictions can raise red flags for landlords, indicating a potential risk of non-payment or conflict with previous landlords.
• Credit Information: A tenant’s credit score and history can help landlords determine whether the applicant has a history of paying bills on time or has outstanding debts.
• Criminal History: Many landlords want to know if a tenant has a criminal background that might pose a safety risk to the property or other tenants.
• Rental History: Information about a tenant’s past residences and whether they have ever been late with rent or caused damage to a rental unit.
• Other Personal Information: This can include public records, debt collections, or any other data that may help a landlord assess a tenant’s reliability.

While these reports can provide landlords with important insights, there is also the potential for errors, and these errors can have serious consequences for tenants.

Common Errors in Tenant Screening Reports

It’s important to note that tenant screening reports are not always perfect. In some cases, they may contain inaccurate or outdated information that could unfairly impact your ability to secure housing. Common errors include:

• Misreported Evictions: Sometimes, a report might inaccurately show that you have an eviction on your record when you do not. This could be due to clerical errors, confusion with someone else who has a similar name, or incorrect data being included from past records.
• Mixed-Up Records: If your name is similar to someone else’s who has a history of eviction or other negative information, tenant screening companies might mistakenly associate their history with yours. This is especially common in areas with high populations or when names are common.
• Outdated Information: Some reports may include outdated information, such as eviction records that are several years old or credit issues that have already been resolved. Such information should not be held against you when applying for housing, especially if it no longer reflects your current situation.
• Criminal Record Mistakes: A tenant screening report might inaccurately show criminal offenses that were not yours, either due to database errors or identity confusion.

These types of errors can have a significant impact on your ability to rent a home, and the Fair Credit Reporting Act (FCRA) is designed to protect tenants from such inaccuracies.

Your Rights Under the Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA), established in 1970, is a critical piece of legislation designed to ensure that consumer reports (including tenant screening reports) are accurate, fair, and used responsibly. Under the FCRA, tenant screening companies are required to:

• Follow Reasonable Procedures for Accuracy: According to Section 1681e(b) of the FCRA, tenant screening companies must follow “reasonable procedures to assure maximum possible accuracy” when preparing reports. This means that the information they gather should be up-to-date, accurate, and relevant to the potential tenant’s application.
• Dispute Resolution: If you find errors on your tenant screening report, the FCRA provides a process for disputing inaccurate information. Tenant screening companies must investigate the dispute and correct any inaccuracies within a reasonable period (typically 30 days).
• Notification of Denial: If a landlord denies your rental application based on information in a consumer report, the landlord must inform you and provide the name and contact information of the tenant screening company that provided the report. This allows you to take action if the denial was based on incorrect information.

If a tenant screening company fails to adhere to these standards or makes mistakes that harm your ability to rent a property, they could be in violation of the FCRA, and you may have legal recourse.

How to Protect Yourself During the Tenant Screening Process

When applying for an apartment or other rental property, it’s important to be proactive. Here are some steps you can take to protect yourself from the potential consequences of inaccurate tenant screening reports:

1. Ask the Landlord About Tenant Screening: When you apply for housing, ask the landlord if they will be pulling your consumer report(s). If the answer is yes, request the name of the consumer reporting agency they will be using to generate the report.
2. Obtain Your Own Report: Before submitting your rental application, it’s a good idea to obtain a copy of your tenant screening report from the same agency or agencies the landlord uses. You are entitled to request a copy of your report, and you should do so to ensure the information is accurate. This also gives you the opportunity to correct any mistakes before they affect your application.
3. Review Your Report Carefully: Once you receive your report, review it carefully for any errors, including incorrect eviction records, outdated credit information, or inaccuracies related to your rental history. If you spot a mistake, you can dispute it directly with the screening company.
4. Dispute Inaccurate Information: If you find discrepancies or inaccuracies, it’s important to file a dispute with the tenant screening company. Under the FCRA, the reporting agency must investigate and correct any errors in a timely manner, typically within 30 days. Make sure to keep copies of all communications related to the dispute.
5. Stay Informed: Knowing your rights under the FCRA and the tenant screening process can help you take action if needed. If you suspect that you are being discriminated against or your rights are being violated, you may need to consult with an attorney who specializes in tenant rights and consumer protection.

What to Do if Your Application Is Denied

If your application is denied based on information found in your tenant screening report, the first step is to contact the landlord and ask for clarification. They are required to provide you with the name of the reporting agency, and this will allow you to follow up and verify the information that was used in making the decision.

Next, reach out to the tenant screening company. While it may seem tempting to resolve the issue directly with the landlord, it’s crucial to address errors with the reporting agency in the proper way. The tenant screening company is responsible for ensuring the accuracy of the information in the report, and they are legally obligated to correct any inaccuracies once notified.

If you believe that the screening company violated your rights under the FCRA, you may want to seek legal advice from a tenant screening report error lawyer. Legal professionals can help you navigate the process of correcting mistakes and potentially pursue compensation if the company’s actions have caused harm.

Contact Us Today

If you’ve been denied housing due to an inaccurate tenant screening report and believe your rights under the Fair Credit Reporting Act have been violated, contact the experienced landlord tenant screening report errors lawyer at Weiner & Sand LLC. Our legal team is dedicated to helping tenants ensure their rights are protected and to fighting back against unfair practices in tenant screening.

You can also reach out directly to the tenant screening company, but it’s important to make sure you follow the proper steps when addressing any inaccuracies. Don’t let an error in your consumer report prevent you from finding a safe and suitable home.

Some of the most common tenant screening companies are listed below.

Contemporary Information Corp. (CIC)
Phone: 800-288-4757 (option 5)
Address:  42913 Capital Drive, Unit 101, Lancaster, CA 93535