When looking for a new house it can be a very stressful time, a house that you want can be taken off of the market quicker than it was put on it if it is something that people want to buy. You can even be rejected by your landlord for having a poor rental history.
In some cases these may not even be your fault but if they appear on your history report, it can impact how your landlord can view you. The reports are generated by algorithms that sort through public data from many different sources such as eviction filings, sex offender lists, credit bureas and criminal records.
This data is often outdated and incomplete, sloppy data matching methods which can provide a negative aura around you, the buyer. If you think that this may apply to you then don’t worry there are plenty of things that you can do to fix the issue, below are a few of those things.
Negative Background Check
If you believe that you have been rejected from a rental property by your expected landlord because of a negative background check then by law they are required to tell you if that was the reason. You will then need to dispute this if this is the case and you feel that the information provided was incorrect.
You need to dispute this with your screening company.
Again by law screening companies have up to thirty days then reinvestigate after you have made your claim. Time is not your friend here because the landlord of the new property can have sold the property in the time it takes to fix the issue so you will want to rush your screening company as it is only by law they need to respond in thirty days but can definitely get back to you quicker if you make them aware of how important it is.
It is best to try this because even if the landlord has sold the property to someone else they may have another property available for you so it is best to try and fix your screening issues as soon as possible.
Again the sooner the better because it may come down to you missing out on your dream property and having to settle for something that doesn’t entice you as much for something that may not even be your fault.
How Do You Get A Screening Report?
If you were denied housing based on information in a tenant screening report, you have the right to get a copy and understand the reasons behind the decision. Here's how:
- Ask the Landlord:
- Start by asking the landlord for a copy of the screening report they used.
- While not always mandated, some landlords might provide this voluntarily.
- Understand Your Rights: Landlords are legally obligated to:
- Disclose the name and contact information of the screening company they used.
- Provide you with an "adverse action notice" if your application was denied based on the report. This notice includes contact details for the screening company.
- Review the Report Carefully:
- Look for inaccuracies: Check your personal information, rental history, credit report, or criminal background for errors.
- Note that the report provided by the company might differ slightly from what the landlord saw (e.g., it may not include a credit score)
How To Fix It
If you find inaccurate information in your screening report, taking immediate action to correct it is crucial. Here's the process:
- Contact the Screening Company: Directly contact the company that provided the report to your landlord. Their contact information should be listed on the "adverse action notice" you received.
- Initiate a Dispute: Explain the specific error(s) you've found on your report and provide evidence to support your claim. This could include:
- Proof of identity (driver's license, passport, etc.) to clear mistaken identity issues.
- Account statements or receipts for payments incorrectly marked as outstanding.
- Letters from previous landlords to correct eviction misreporting.
- Understand the Timeline: By law, the screening company typically has 30 days to investigate your dispute and respond with an updated report.
- Document Everything: Keep detailed records of:
- The date you contacted the screening company
- Any communications, emails, or letters
- Supporting documents you provided
Why Documentation Matters: This record of your actions serves two purposes:
- Proof of Correction Efforts: It demonstrates to your landlord that you're actively addressing the issue, even if it takes time.
- Evidence: If the company fails to make corrections, your documentation can support a potential legal claim.
- Follow Up with the Landlord: Once the screening company corrects the mistake, provide the updated report to the landlord. Express your continued interest in renting the property.
Important Notes:
- Act Quickly: Landlords may move on to other applicants. Proactive communication is key.
- Consider Professional Help: If the errors are complex, consulting an attorney specializing in tenant rights or credit law provides additional support.
Don't Let Your History Be Compromised
There are many things that can impact your rental history, one of the main things is if you receive a negative background check. This can be the result because you have appeared to have a criminal record, eviction filings, sex offender lists or a bad credit history.
If you have been rejected by a landlord this may be the reason, they will have to tell you the reasoning by law. Once they have told you the reasoning behind why you have failed you are then in a position to fix the issue if of course it is a mistake.
You will then need to speak to the screening company that the landlord had used for the background check to find out exactly why you were rejected in the first place. Once you have found out the reasoning you can then start to explain that a mistake has been made by the screening company.
Once that has been explained you will then need to provide the correct evidence that will show that a mistake has definitely been made. You should always keep your legal documentation in case situations like this arise as they are quite common.