Short answer: A tenant screening report is a background file a landlord buys from a screening company, usually combining credit history, eviction court records, criminal records and identity checks. The federal Fair Credit Reporting Act treats it as a consumer report, so if a landlord turns you down or charges you more because of it, you must be told, you can get a free copy within 60 days, and the company generally has 30 days to investigate any error you dispute. Most negative items, including eviction suits and judgments, must drop off after seven years.
What a Tenant Screening Report Contains
The Consumer Financial Protection Bureau describes tenant screening companies as providing “credit history, eviction information, rent payment history, identity verification, income and employment verification, and criminal background” in its list of consumer reporting companies, which also names many of the companies. A typical report includes:
- Credit data: payment history, collections, debts and sometimes a score.
- Eviction records: court filings, not just judgments, often pulled from public dockets.
- Criminal records: convictions and sometimes arrests, subject to the time limits below.
- Identity checks: name, date of birth, Social Security number matches and past addresses.
- A recommendation or score: some reports end with “accept,” “conditional” or “decline.”
The CFPB’s 2022 consumer snapshot on tenant background checks found that landlords typically use some or all of the application fee to buy a report, and that screening criteria are rarely shared with applicants upfront.
Why the FCRA Applies to Your Tenant Screening Report
A screening company that assembles these reports for landlords is a consumer reporting agency. A landlord may pull your report because it has a “legitimate business need” in a transaction you started, which is how 15 U.S.C. § 1681b(a)(3)(F) describes the permissible purpose. Applying for an apartment is that transaction.
Every consumer reporting agency must follow reasonable procedures to assure the “maximum possible accuracy” of what it reports, under 15 U.S.C. § 1681e(b). That duty is the legal hook behind most screening disputes.
Your Rights, Step by Step
| Right | Deadline or limit | Statute |
|---|---|---|
| Notice if a landlord denies you, or charges more, based on the report | Landlord must give notice, the screening company’s contact information, and a statement that the company did not make the decision | 15 U.S.C. § 1681m(a) |
| Free copy of the report after an adverse action | Request within 60 days of the notice | 15 U.S.C. § 1681j(b) |
| Free annual copy from nationwide tenant-history companies | Once every 12 months, on request | 15 U.S.C. § 1681j(a)(1)(A); § 1681a(x) |
| Disputed item reinvestigated | 30 days from receipt of the dispute; up to 15 more if you send new information during the 30 days | 15 U.S.C. § 1681i(a)(1) |
| Results of the reinvestigation | Within 5 business days after it is completed | 15 U.S.C. § 1681i(a)(6) |
| Civil suits, civil judgments and arrest records | Not reported after 7 years from entry, or the statute of limitations if longer | 15 U.S.C. § 1681c(a)(2) |
| Collections and most other negative items | 7 years; criminal convictions have no federal time limit | 15 U.S.C. § 1681c(a)(4)-(5) |
| Bankruptcies | 10 years from the order for relief | 15 U.S.C. § 1681c(a)(1) |
The time limits in § 1681c(b) do not apply to a few high-dollar transactions, such as credit of $150,000 or more. Apartment rentals are not on that list.
The Adverse Action Notice
If a landlord takes adverse action based “in whole or in part” on a consumer report, § 1681m(a) requires it to tell you. The notice must include the name, address and phone number of the company that supplied the report, a statement that the company did not make the decision and cannot explain it, and notice of your right to a free copy within 60 days and to dispute errors. If a credit score was used, the landlord must disclose it too.
“In part” matters. A landlord that cites low income but also saw an eviction filing on the report still owes you the notice. If you were turned down with no explanation, ask in writing whether a screening report was used and which company provided it.
How to Dispute an Error
Errors are common enough that the CFPB’s snapshot devoted a full section to them. It describes “name-only matching,” where a company links records to an applicant based only on a similar first and last name, and notes the risk is likely greater for Hispanic, Asian and Black applicants because surnames are less diverse in those groups. It also reports sealed or expunged records turning up in reports, and renters finding inaccurate or misleading eviction information that led to denials.
- Get the report. Request your free copy from the company named in the adverse action notice, within 60 days.
- Mark every error. Wrong person, wrong date of birth, a dismissed case shown as a judgment, a record older than seven years, a sealed case.
- Dispute in writing with the screening company. State each item, why it is wrong, and what the correct information is. Attach court dockets, dismissal orders, a sealing order or ID. The CFPB snapshot includes sample dispute wording.
- Track the 30-day clock. Under § 1681i, the company must finish its reinvestigation within 30 days, extendable by up to 15 days only if you send relevant new information during the first 30. It must delete or correct anything inaccurate, incomplete or unverifiable.
- Fix the source if needed. If the court record itself is wrong, ask the clerk to correct it. If the case can be sealed, see our guide on how to seal an eviction record.
- Send the corrected report to the landlord and ask them to reconsider.
If a company ignores the law, you can sue. Under 15 U.S.C. § 1681n, willful violations allow actual damages or statutory damages of $100 to $1,000, plus punitive damages and attorney’s fees. Negligent violations allow actual damages and fees under § 1681o.
A Worked Example
Consider a hypothetical applicant in Los Angeles who pays a screening fee and is denied on October 1. The landlord’s letter names the screening company and says the decision relied partly on its report. Under § 1681j(b), she has until November 30, 60 days, to request a free copy.
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She requests it on October 3. The report lists a 2021 eviction judgment against a woman with the same first and last name, a different middle initial and a different date of birth. She disputes on October 6 and attaches her driver’s license and the court docket showing the other woman’s details. The company receives the dispute on October 8, so its 30-day deadline is November 7. It deletes the record on October 28 and must send her the results within 5 business days.
California adds its own rules on fees. The California Department of Real Estate’s tenant guide explains that Civil Code § 1950.6 caps the screening fee at the landlord’s actual cost, with an inflation-adjusted maximum the guide put at $62.02 as of December 2023. Since January 1, 2025, a landlord may charge the fee only if it gives you its screening process in writing, reviews complete applications in the order received and approves the first qualified applicant; if your application is never considered, the fee must be refunded within seven days.
Eviction Records and Screening
Eviction filings are the item renters worry about most, because a report can show a case at any stage of the eviction process, including one the tenant won. Some states restrict this. In New York, a landlord who rejects you after a screening report showing prior landlord-tenant cases is presumed to have done so because of that history, and may face a fine of $500 to $1,000 paid to the state, under Real Property Law § 227-f as described in the New York Attorney General’s guide. Washington bars screening companies from reporting a case once a court orders limited dissemination, under RCW 59.18.367.
Before You Apply
Pull your own free reports from the nationwide credit bureaus and any tenant-history company you can identify. Ask each landlord which screening company and criteria it uses before you pay a fee. If you know a record will appear, attach a short explanation and proof, such as a dismissal order or a letter from a recent landlord. Our guide to tenant rights by state covers other protections that apply once you move in.
Frequently Asked Questions
Can a landlord run a screening report without my permission?
The FCRA lets a landlord obtain a report when it has a legitimate business need in a transaction you started, such as your rental application. In practice, landlords ask you to sign an authorization on the application.
How long does an eviction stay on a tenant screening report?
Under 15 U.S.C. § 1681c(a)(2), civil suits and judgments cannot be reported once they are more than seven years old from the date of entry, or longer if the governing statute of limitations has not expired. State sealing laws can remove them sooner.
Do criminal convictions ever drop off?
Not under federal law. Section 1681c(a)(5) excludes convictions from the seven-year limit, though arrest records that did not lead to conviction fall under the seven-year rule.
Is the free report after a denial the same as my free annual report?
No. The adverse action copy under § 1681j(b) is separate and must be requested within 60 days. Nationwide tenant-history companies must also give a free disclosure once every 12 months on request under § 1681j(a).
What if the eviction case was filed but I won?
The report must be accurate and complete, so a filing shown without its dismissal or your win can be disputed. Send the company the docket or dismissal order, and ask the court whether the record can be sealed.
This guide is general information, not legal advice. If a screening company will not correct an error, contact a legal aid office through LSC’s legal help finder or a consumer attorney. Your next step: find the denial letter, note the 60-day date, and send a written request for your free report today.
Sources
- CFPB, List of consumer reporting companies
- CFPB, Consumer Snapshot: Tenant Background Checks (Nov. 2022)
- 15 U.S.C. § 1681a
- 15 U.S.C. § 1681b
- 15 U.S.C. § 1681c
- 15 U.S.C. § 1681e
- 15 U.S.C. § 1681i
- 15 U.S.C. § 1681j
- 15 U.S.C. § 1681m
- 15 U.S.C. § 1681n
- 15 U.S.C. § 1681o
- California Department of Real Estate, California Tenants guide: Looking for a rental unit
- New York Attorney General, Residential Tenant’s Rights Guide
- RCW 59.18.367
- Legal Services Corporation, I Need Legal Help