Finding a place to live can be challenging on its own. The stress increases when your apartment rental application is denied based on errors in tenant screening reports reviewed by your potential landlord. Unfortunately, this is an all-too-common experience for renters who encounter inaccuracies in their tenant screening reports.
These reports are often generated in seconds using data-matching algorithms. These algorithms collect information from various sources, including criminal records, eviction filings, credit reports, and even terror watch lists. While landlords rely on these reports to make quick decisions, the process frequently sacrifices accuracy for speed. This may lead to devastating consequences for renters in the long term.
One of the most common errors is the presence of “mixed files.” This occurs when a background check mistakenly includes someone else’s criminal, credit, or rental history due to similarities in names or other identifying information.
Mixed files can unfairly block renters from accessing housing, causing unnecessary delays, financial losses, and emotional distress. Understanding how these errors happen and knowing your rights under the Fair Credit Reporting Act (FCRA) is necessary to protect yourself.
Tenant Screening Reporting Errors: The Hidden Barrier to Housing
Tenant screening reports are integral to the rental process. These reports compile information from various public and private databases to give landlords insights into a potential tenant’s history. While the intent is to help landlords make informed decisions, the execution often falls short, with errors that unfairly impact renters.
Common tenant screening reporting errors include:
- Mixed Files: These occur when the background check company mistakenly combines your records with someone else’s, often due to similar names, addresses, and other personal identifying information.
- Outdated or Inaccurate Information: Screening reports may include criminal charges or evictions that were expunged or resolved long ago.
These errors are particularly prevalent in tenant screening reports that rely on automated data-matching systems. While convenient, instant background checks are more prone to inaccuracies because they prioritize speed over precision.
How Mixed Files Cause a Failed Background Check
Mixed files are among the most common causes of tenant screening errors. When a screening report mistakenly attributes someone else’s history to you, the consequences can be severe. For example, your application could be denied due to criminal records or evictions that aren’t yours. This could tarnish your reputation, leading to a denied housing application, and force you to restart the rental process.
This problem is especially common for individuals with common names or those who have lived at addresses previously occupied by others with adverse records. Tenant screening companies often use incomplete or overly broad data-matching criteria, increasing the likelihood of these errors.
What to Do If You Fail a Background Check for an Apartment
If a failed background check disrupts your housing plans, act quickly and follow these steps:
Request the Report
Ask your landlord for the name and contact information of the tenant screening company they used. Under the FCRA, screening companies must provide you with a free copy of your report if it contributed to your denial.
Review the Report
Carefully examine the report for inaccuracies. Pay special attention to criminal history, eviction records, and credit information.
File a Dispute
Submit a formal dispute to the tenant screening company. Use certified mail to guarantee a paper trail. Include evidence supporting your case, such as identification documents or court records.
Follow Up
Screening companies have 30 days to investigate your dispute and provide a resolution. If they agree that the report contains errors, request that they immediately send a corrected version to the landlord.
Know Your Rights
If the tenant screening company fails to correct the error or doesn’t respond promptly, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or contact a background check lawyer to take legal action under the FCRA.
Protecting Yourself Before Applying for Housing
While you can’t prevent all tenant screening errors, there are steps you can take to reduce your risk:
- Check Your Credit Report: Review your credit report for inaccuracies before applying for housing. You can request a free copy from AnnualCreditReport.com.
- Gather Documentation: Keep records of past rental agreements, resolved court cases, and other documents demonstrating your reliability.
- Communicate with Landlords: If you anticipate issues with your background check, discuss them proactively with the landlord and provide supporting evidence to clarify your history.
Tenant Screening Reporting Errors and Your Legal Rights
The FCRA establishes strict guidelines for tenant screening companies to maintain the accuracy of their reports. These companies are legally required to follow “reasonable procedures to assure maximum possible accuracy” of the information they provide. When they fail to meet this standard, renters can seek recourse.
Your Rights Under the FCRA Include:
- The right to access your screening report.
- The right to dispute inaccurate information.
- The right to take legal action against the entity who reported the inaccurate information.
If you believe a tenant screening error has unfairly affected your housing application, consulting an attorney can help you understand your options and build a strong case.
The Consequences of Waiting
Correcting tenant screening errors can take up to 30 days to resolve after your dispute. Unfortunately, housing opportunities rarely wait. This delay can result in losing access to your desired apartment or being forced to accept less favorable housing. Acting quickly and enlisting professional legal help can mitigate these challenges.
How Raburn Kaufman Can Help
Raburn Kaufman excels in helping renters resolve tenant screening errors and reclaim their housing opportunities.
When you choose us, you won’t pay anything out of pocket. We operate on a contingent basis, meaning we only get paid when we secure a resolution for you. If you need help disputing an inaccurate report, tackling the legal process, or recovering damages, we’re here to support you every step of the way.Don’t let a failed background check stand between you and your home. Contact us today to learn how we can help you contest against tenant screening errors.
