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Correcting Errors on Tenant Background Reports: Protect Your Rights

Are you in the market for a new home or planning to renew your lease? Whether you’re a seasoned renter or new to the process, it’s essential to be aware of tenant background checks. These reports, also known as tenant screening reports, play a significant role in whether landlords decide to rent to you. Understanding your rights regarding these checks can be crucial, especially if errors in your background report could jeopardize your housing prospects.

Why Tenant Background Checks Matter

Landlords, property managers, and other housing providers often request tenant background checks to evaluate potential tenants. These reports typically include:

  • Personal details: Full name, Social Security number, date of birth, and past addresses.
  • Employment and income history: Confirmation of your job and earnings.
  • Credit history: Information on credit cards, loans, payment histories, and any bankruptcies.
  • Rental history: Records from housing courts, including evictions.
  • Criminal background: Information on arrests, charges, convictions, and other legal issues.

A tenant background check might also include a score or recommendation predicting how reliable a tenant you’ll be. These checks can impact not only your approval but also the terms of your lease, such as the required security deposit or rent amount.

Common Background Report Errors

Unfortunately, tenant background reports can contain errors that negatively affect your chances of securing housing. Common mistakes include:

  • Mismatched information: Data belonging to someone else.
  • Incomplete records: Unresolved or missing case outcomes.
  • Duplicate entries: Repeated information that can mislead landlords.
  • Outdated data: Information that should legally no longer be included.
  • Sealed or expunged records: Criminal or eviction records that should not appear.

How to Protect Yourself under the FCRA

If a landlord makes a negative decision based on your background check, you have rights under the Fair Credit Reporting Act (FCRA):

Adverse Action Notice

    If your application is denied, or you’re offered less favorable terms, the landlord must provide an “adverse action” notice. This notice should include the name, address, and phone number of the background check company, your rights to dispute inaccuracies, and how to get a free copy of the report.

    • Request a Copy of the Report

    Even if the landlord refuses to share the background check, you can request a free copy from the screening company within 60 days of receiving the adverse action notice.

    • Dispute Errors

    If you find mistakes in your report, you can dispute them with the background check company. Provide supporting documentation to strengthen your case, such as court records or other relevant paperwork.

    • Get Legal Help from an Experienced FCRA Attorney

    If the background check company does not correct errors or respond to your dispute, legal assistance may be necessary. The Adkins Firm focuses on helping consumers with background report errors and offers a free case review to assess your situation.

    Proactive Steps Before Applying for Housing

    Taking a just a few steps before applying can help avoid housing denials. 

    Check Your Credit Report

    Obtain your free credit report from the major bureaus and correct any errors. You can do this through AnnualCreditReport or by calling 1-877-322-8228. If your credit report has any errors, then you should dispute the inaccurate information to each credit bureau. 

    Review Housing Court Records

    Ensure any past evictions or legal disputes are accurately recorded. If not, contact the court or your previous landlord to correct the information.

    Seal or Expunge Records

    If your city or state allows it, consider sealing or expunging any criminal or housing court records to prevent them from appearing in future checks.

    Where do I go to get Help with Background Report Errors?

    If you encounter issues with your tenant background report, you don’t have to handle it alone. Contact The Adkins Firm.  Our experienced FCRA attorneys can help you navigate disputes and correct errors on your background report. We offer a free case review to determine the best course of action for your situation.

    File a Complaint.  If the background check company fails to follow the law, submit a complaint to the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC).

    Errors in tenant background checks can severely impact your ability to secure housing. By understanding your FCRA rights and taking proactive steps, you can protect yourself from unnecessary complications and ensure your rental future remains bright.

    Remember, it’s your credit report!

    Hire an Experienced FCRA Lawyer

    The Adkins Firm represents consumers who have errors on credit, employment background and tenant screening reports. We help our clients clear their names. Do you have errors on a credit report, background report or tenant screening report due to fraud?  Have you disputed a credit report error, and the credit bureaus verified the fraudulent information belongs to you? If you answered yes, then you may have a claim under the federal Fair Credit Reporting Act.