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A landlord rejected my application for an apartment due to a prior eviction complaint. The information is not correct. What can I do to correct it?

Some landlords may use tenant screening agencies to run background checks on a rental applicants. A tenant screening report may provide information on an applicant’s rental history, including eviction records, past addresses, Social Security verification, criminal history, etc. Landlords, realtors, and property managers may rely on these reports when deciding whether to rent to someone. If you are rejected because of what is on the report, and that information is inaccurate, you have rights under the Fair Credit Reporting Act (FCRA). You may have other rights against the landlord if you are denied a unit in violation of state and federal civil rights laws. Also, certain types of federally subsidized housing limit the instances under which a tenant can be denied a unit and have an appeal process.

Here are some steps that you can take to try to correct the problem:

Step 1: Find out where the information came from. If the report came from a third party that is in the business of providing “consumer reports,” such as credit reports or tenant screening reports, then the business is a consumer reporting agency, and FCRA applies. See List of consumer reporting companies (from the Consumer Financial Protection Bureau) for a list of some of the larger tenant screening agencies.

Step 2: Get a copy of the report: The decision to deny you an apartment constitutes an “adverse action.” Under FCRA, the landlord must give you the name, address and telephone number of the agency that supplied the report. You have the right to contact the agency and obtain a free copy of the report.

Step 3: Review the report: You have the right to submit a reinvestigation request to the tenant screening agency to correct or delete inaccurate or obsolete information. In most cases, the agency cannot report negative information that is more than seven years old, or bankruptcies that are more than 10 years old. A consumer reporting agency must use reasonable procedures to ensure the maximum possible accuracy of the information contained in the report. Information on a consumer report may be “inaccurate” if it is potentially misleading. Even if what is on the report is true, it may be misleading if the information is not complete—for instance, if it does not include the outcome of the case. What is “inaccurate” is a developing area of case law, so it would be best to speak with an attorney for further guidance.

Step 4: Contact the Agency: You can submit a written request to the agency to correct or delete inaccurate, misleading, or obsolete information. Your letter should include the following:

• Your complete name and address.
• Each item that you dispute on the report. (You may want to also enclose a copy of the report with each of the disputed items circled.)
• Copies of all supporting evidence
• A statement of facts explaining why you dispute the item(s), including a reference to any enclosed evidence.
• A request that the information be removed or corrected.

Send your request by certified mail, return receipt requested. Keep a copy of your letter for your records. The reporting agency typically has 30 days to investigate the matter free of charge, unless they consider your dispute frivolous. Even if the correction is made, you may have grounds to sue if the agency did not use reasonable procedures to ensure the maximum possible accuracy of the information in the report.

Step 5: What can I do if the correction is not made? At a minimum, you can ask the company to include a brief summary, explaining why the information is disputed, in future reports. You can also submit a complaint to the Consumer Protection Financial Bureau, or the Federal Trade Commission. You should consult an attorney to see if you have grounds to sue the reporting agency in court. Some consumer attorneys may take the case on a contingency fee basis. This means that you do not have to pay money up front and the attorney gets paid if you win the case or if it settles. A suit must be filed two years after you discover the violation, or five years after it occurs, whichever is earlier.​​​​

This information last reviewed: Feb 24, 2023