Denied an apartment because of a screening report: your rights

Many landlords buy a tenant screening report before deciding whether to rent to you and how large a deposit to ask for. It can combine a credit report, rental history including eviction cases, employment checks, criminal history, and a risk score or recommendation built on criteria the landlord picks. The companies that make these reports are consumer reporting companies, so the Fair Credit Reporting Act applies to them.

What the landlord must tell you

A landlord that turns you down because of something in a screening report or credit report must give you an adverse action notice, in writing, orally or electronically. It must include:

• the name, address and phone number of the company that made the report;
• your right to a free copy of that report if you ask within 60 days;
• your right to dispute anything inaccurate.

It is adverse action too when the landlord approves you but, because of the report, requires a cosigner, a larger deposit, or higher rent than other applicants pay.

What to do with the notice

1. Ask the landlord what in the report was the problem. You may be able to explain it.
2. Request the free copy from the company named, inside the 60 days.
3. Read it for anything inaccurate or out of date.
4. Dispute errors with the screening company and with whoever supplied the information. If the report includes a credit report from a nationwide bureau, you can dispute that part with the bureau too.

The company generally has 30 days to investigate a dispute, and 45 in some cases. Some states set shorter deadlines; check your state.

How long things can stay

Federal law limits how long most negative items can be reported. Lawsuits and judgments can be reported for seven years or until the statute of limitations runs out, whichever is longer, and the CFPB says eviction cases can be on a screening record for up to seven years. Bankruptcies can stay for ten years. There is no federal time limit on criminal convictions. Some states add protections, such as sealing certain eviction records or barring their use; ask your state's courts, attorney general or a legal aid office.

If your rights were violated

You may be able to sue under the Fair Credit Reporting Act, and deadlines apply. If you think a landlord turned you down because of race, color, national origin, religion, sex, familial status or disability, you can file a complaint with the Department of Housing and Urban Development. Problems with a screening company can go to the CFPB as a complaint.

Lenders that turn you down owe you a similar notice; see what a credit denial letter must tell you.