Denied an Apartment Due To Your Tenant Screening Report?

What To Do After an Apartment Application Denial

Getting denied for an apartment or watching a landlord suddenly stop responding after everything seemed to be going well, is frustrating. You might be wondering if your credit score was too low, whether something showed up on a background check, or if the landlord simply chose another applicant.

The truth is that most landlords don't review your credit report and background information themselves. Instead, they hire a company to prepare a tenant screening report. These reports combine information from your credit history, eviction records, criminal background, rental history, and other public records into a single report that's used to help decide whether to approve your application.

If a tenant screening report played any role in the decision, federal law gives you important rights. It also gives you a way to challenge inaccurate information because these reports are not always correct.

Tenant Screening Report Providers

It's easy to assume a rental denial means you don't qualify for the apartment. But that's not always the case. Tenant screening companies process millions of reports every year by pulling information from credit bureaus, court records, eviction databases, and other public sources.

Some of the most common tenant screening companies include:

• RealPage (including Leasing Desk, On-Site)

• RentGrow

• AppFolio  

• Contemporary Information Corporation (CIC)

• TransUnion Rental Screening Solutions (including SmartMove)

• Experian RentBureau

• Cleara

• LexisNexis

• First Advantage Resident Solutions

Because much of this process is automated, mistakes can happen. We've seen reports include eviction cases that belonged to someone else, criminal records attached to the wrong person, outdated information that should have been removed, and credit information that didn't accurately reflect the applicant's history.

Federal regulators have found many of the same problems. After reviewing thousands of renter complaints, they identified recurring issues like mixed files, outdated eviction records, and inaccurate information. In one study examining more than 3.6 million eviction court records across 12 states, researchers found that approximately 22% of records either contained ambiguous information about how the case was resolved or inaccurately represented a tenant's eviction history.

Before you assume the apartment is simply out of reach, it's worth finding out exactly what was in your tenant screening report and whether the information is even accurate. A mistake on a tenant screening report can often be corrected, helping protect your future rental applications.

Why Was My Apartment Application Denied?

Landlords consider many different factors when deciding whether to approve an application, and sometimes the reason has nothing to do with your background or credit history.

Some of the most common reasons an apartment application is denied include:

• Low credit score or high debt. Some landlords have minimum credit score requirements or are concerned about a history of missed payments.

• Income requirements. Many property managers require applicants to earn two to three times the monthly rent.

• Previous evictions. A prior eviction may make it more difficult to qualify, even if it happened years ago.

• Criminal history. Certain criminal convictions may affect eligibility depending on the property's policies and local laws.

• Incomplete applications. Missing documents, incorrect information, or an inability to verify employment or income can delay or derail an application.

• Poor landlord references. A previous landlord may have reported issues with unpaid rent, property damage, or lease violations.

• Another applicant was selected. Sometimes the apartment is simply rented to someone else with stronger qualifications before your application is processed.

• A tenant screening report contained inaccurate information. Errors involving your credit history, eviction records, criminal background, or another person's information can also lead to a denial.

The important thing is not to guess. Before assuming the worst, ask the landlord why your application was denied and whether a tenant screening report or credit report influenced the decision. If it did, request a copy of the report and review it carefully. That's often the fastest way to determine whether you're dealing with an accurate report or a mistake that can be corrected.

Not every landlord will say, "We denied you because of your background check." or “We denied you because of your credit score.” Sometimes you just stop hearing back. Sometimes you get a short message saying " we went with another applicant" or "you didn't meet our rental criteria."

What Should Have Happened Before You Were Denied Housing

1. You Should Have Been Told a Screening Report Was Used

The screening company should have requested permission to run a rental background report on you. And, if the information in your tenant screening report or credit report influenced the decision, the landlord should have provided an adverse action notice. This notice should explain that a consumer report was used and include the name, address, and phone number of the company that prepared it.

2. You Should Have Been Told How to Get a Copy of Your Report

The screening company isn't required to automatically send you the report, but you generally have the right to request a free copy directly from that company within 60 days of the adverse action. Reviewing the report is the best way to find out whether inaccurate information played a role in the decision.

3. You Have the Right to Dispute Mistakes

If your report contains inaccurate, outdated, or incomplete information, such as someone else's eviction record, incorrect criminal history, or other reporting errors, you have the right to dispute that information with the screening company and ask that it be investigated and corrected.  

If you were denied an apartment and were never told that a tenant screening report was used, never received information about the screening company, or later discovered the report contained mistakes, you may want to contact a tenant screening lawyer from Mistake.com to explore your legal options.

What to Do After an Apartment Application Denial

Find out exactly why you were denied. Don't guess. Ask the landlord or property manager directly:

• Was a background or credit check part of this decision?

• Which company prepared the report?

• Can I get a copy of it?

• Is this decision final, or is there still time to respond?

Request your report and read it carefully. Once you have it, go through it line by line and look for things like:

• Eviction records that aren't yours, or that were sealed, expunged, or dismissed.

• An eviction still showing after seven years, which federal law generally doesn't allow.

• Criminal records that belong to someone else.

• Duplicate entries for the same case.

• Wrong addresses, wrong rental history, or incorrect income information.

Is There a Mistake on Your Tenant Screening Report?

If a landlord used a tenant screening report or credit report to make a decision about your application, the Fair Credit Reporting Act (FCRA) gives you important rights, including the right to:

• Be told if a background check or credit report influenced the decision.

• Know which company prepared the report.

• Request a free copy of your report within 60 days.

• Dispute inaccurate information and have it investigated.

• Seek compensation if a screening company or landlord violated the FCRA.

Unfortunately, these errors aren’t rare. Federal regulators have taken enforcement action against major tenant screening companies for reporting inaccurate eviction information, including a $15 million settlement involving a national screening provider. If an error on your report caused you to lose an apartment you were counting on, you don't have to simply accept the outcome. Federal law gives you a way to correct inaccurate information and, in some situations, hold the responsible companies accountable.

Will This Affect Your Next Apartment Application?

One of the first questions renters ask after a denial is whether the same thing will happen again. The answer depends on why you were denied.

If the decision had nothing to do with a background or tenant screening report, your next application may have a completely different outcome. But if the denial was caused by inaccurate information on your report, there's a good chance the same mistake will follow you to the next landlord unless it's corrected.

That's why it's important to request your screening report as soon as possible. Even if you've already moved on from one apartment, correcting an error now may prevent it from costing you another rental opportunity later.

Many renters don't discover a mistake until they've been denied by more than one property. Catching it early can save you time, money, and a lot of unnecessary stress.

When Should You Contact a Tenant Screening Lawyer?

Not every apartment denial turns into a legal case. Sometimes the screening report is accurate, and the landlord simply decides to rent to someone else. Other times, the report contains mistakes that can affect where you live, how much you pay, and how long it takes to find housing.

It may be worth speaking with a tenant screening lawyer if:

• Your screening report contains information that is inaccurate, outdated, incomplete, or belongs to someone else.

• You were denied an apartment but were never told a background or tenant screening report was used.

• The landlord never gave you the name of the company that prepared the report.

• You disputed an error, but the screening company refused to correct it or claimed the information was "verified."

• You lost an apartment, had to accept a more expensive rental, were required to pay a higher security deposit, or faced any other financial harm because of inaccurate information in your screening report.

Get Free Help With Your Tenant Screening Report  

At Mistake.com, you don't have to know whether you have a legal case before reaching out. We'll review your tenant screening report, examine the errors you've spotted, and talk about the evidence you'll need.

If it looks like your rights were violated, we'll walk you through your options, answer your questions, and explain what the next steps could look like. Your consultation is always free, and if we take your case, you won't pay out-of-pocket or upfront fees because the Fair Credit Reporting Act makes the tenant screening company pay.

Real Stories From Consumers We've Helped

His Life Came Crashing Down After a Reporting Error: One client came to us after errors on his consumer report led to being turned down for housing and job opportunities at the same time. He described how the reporting agencies' mistakes upended everything, and how his attorney fought to get him what he deserved, and then some, when he felt he was owed more. With the case resolved, the client said the outcome helped put his life back on track.

Denied Over a Rental Background Check That Wasn't Accurate: Another renter reached out after running into trouble with a rental website that flagged him based on a background check he felt misrepresented who he was. He described the experience as dealing with discrimination tied to a misguided screening report. After reviewing what happened, we got the situation resolved and made sure he got compensated for what he'd been put through.

When Someone Else's Record Shows Up on Your File: After discovering that someone else's criminal records had been placed on his file, one rejected renter reached out. Criminal information that had nothing to do with him was affecting how he was seen by landlords and others reviewing his background. This incredibly stressful situation was not only impacting him, but also his family. After we resolved the error, he was impressed by our drive to go "to the highest measures" to help our clients.