A Guide to Disputing Errors on a Tenant Screening Report
Imagine finding the perfect apartment, submitting your application, and then being unexpectedly denied. You’re left confused—until you find out that a tenant screening report flagged something you didn’t expect: a criminal record that wasn’t yours, an eviction that never happened, or a low credit score based on outdated data.
At Jaffer Law, we’ve helped hundreds of clients overcome wrongful housing denials due to inaccurate tenant screening reports. These reports—prepared by consumer reporting agencies (CRAs)—play a significant role in housing decisions, but they aren’t always right. Errors can cost you not just housing, but time, money, and peace of mind.
In this article, we’ll explain how to identify, dispute, and correct errors in your tenant screening report—and how we can help if your rights were violated under the Fair Credit Reporting Act (FCRA).
What Is a Tenant Screening Report?
Tenant screening reports are background checks used by landlords, property managers, and housing providers to evaluate rental applicants. These reports may include:
- Credit reports
- Eviction records
- Criminal background checks
- Rental history
- Employment and income verification
- Public records (like judgments or bankruptcies)
Tenant screening reports are legally considered consumer reports, and the companies that create them are regulated under the FCRA, a federal law designed to protect consumers from misuse and errors.
Common Errors in Tenant Screening Reports
You might be surprised how often these reports contain inaccurate or misleading information. Some common errors include:
1. Mixed Files
Your report might include information from someone with a similar name or Social Security number. This can result in criminal records, evictions, or debts that don’t belong to you appearing in your report.
2. Outdated Information
Some negative information—like bankruptcies, civil judgments, and certain criminal records—should only be reported for a limited time (usually 7 years). Older data can only appear under specific conditions.
3. Expunged or Sealed Records
Tenant screening companies sometimes report records that were legally expunged, sealed, or dismissed, violating your privacy and legal protections.
4. Incorrect Eviction History
Your report might show an eviction that never happened, or list a case where you were never actually evicted or where the case was dismissed.
5. Incomplete or Misleading Data
Reports might show cases or charges without full context, such as listing an arrest without noting that you were found not guilty or the charges were dropped.
Why It Matters
An inaccurate tenant screening report can:
- Cause your housing application to be denied
- Force you to accept less desirable or more expensive housing
- Damage your reputation and credibility
- Delay or derail major life plans
Fortunately, you have clear legal rights to dispute and correct the report under the FCRA.
Your Rights Under the FCRA
The Fair Credit Reporting Act provides powerful protections when tenant screening reports contain errors. These include:
1. Right to Dispute Inaccurate Information
You have the right to dispute any information you believe is incorrect or incomplete. The consumer reporting agency must investigate your claim, usually within 30 days.
2. Right to a Free Copy of Your Report
If you are denied housing or experience any other “adverse action” based on a tenant screening report, the landlord must provide you with:
- A notice of the denial (adverse action notice)
- The name and contact info of the screening company
- A statement that you have a right to request a free copy of the report
You have 60 days to request this free copy.
3. Right to Have Errors Corrected
If the investigation confirms an error, the CRA must delete or correct the information and send you a new copy of the report.
4. Right to Sue for Damages
If your rights are violated—or if the CRA fails to properly investigate or fix an error—you may be entitled to statutory and actual damages, attorneys’ fees, and even punitive damages.
How to Dispute an Inaccurate Tenant Screening Report
Here’s a step-by-step guide for consumers:
Step 1: Get a Copy of Your Report
If you’ve been denied housing, ask the landlord for the name of the screening company and a copy of the adverse action notice. Then contact the company directly and request a full copy of your report.
Common tenant screening companies include:
- CoreLogic Rental Property Solutions
- TransUnion SmartMove
- Experian RentBureau
- AppFolio
- RentGrow
- LeasingDesk
Even if you haven’t been denied, you are entitled to one free report every 12 months from each CRA.
Step 2: Review the Report Carefully
Look for:
- Spelling errors or misidentifications
- Criminal records that don’t belong to you
- Duplicate entries
- Evictions or judgments that didn’t occur
- Outdated or sealed records
Take notes and gather any documents that support your claim (e.g., court records, letters from landlords, ID, lease agreements).
Step 3: Submit a Dispute Letter
Send a written dispute letter to the consumer reporting agency. Include:
- Your full name and contact info
- A clear description of the disputed information
- A request to delete or correct the item
- Copies (not originals) of supporting documents
Be sure to send it by certified mail with return receipt so you have proof of delivery.
Step 4: Wait for the Investigation
The CRA is required by law to investigate the dispute within 30 days (or 45 days in limited circumstances). They must notify you of the results, including any changes made to your report.
If the disputed information is corrected or deleted, you’ll receive an updated copy of your report.
If no changes are made, you have the right to add a consumer statement explaining your side of the story.
Step 5: Follow Up or Take Legal Action
If the CRA fails to fix the error—or if you suffered harm because of their negligence—you may have grounds to sue.
At Jaffer Law, we take these cases seriously and offer free legal consultations to help you determine whether you have a claim.
Sample Dispute Letter Template
Here’s a simple template you can adapt:
lessCopyEdit[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Consumer Reporting Agency Name]
[Address]
[City, State, ZIP Code]
RE: Dispute of Inaccurate Tenant Screening Information
To Whom It May Concern:
I am writing to dispute inaccurate information contained in my tenant screening report prepared by your agency. My name is [Your Full Name], and the report was prepared in connection with a housing application submitted on [Date].
The report contains the following inaccurate item(s):
- [Describe the error—e.g., “An eviction filed in Dallas County in 2019, which did not result in eviction and was dismissed.”]
This information is inaccurate because [brief explanation]. I have attached supporting documentation.
Under the Fair Credit Reporting Act, I am requesting that the inaccurate information be investigated and removed or corrected from my file.
Please notify me in writing when the investigation is complete and provide me with a copy of the updated report.
Sincerely,
[Your Name]
[Enclosures: Copy of ID, court documents, etc.]
When to Contact a Tenant Screening Lawyer
You should contact an attorney if:
- Your dispute was ignored or dismissed without proper investigation
- The same error reappeared in a later report
- You were denied housing or forced to pay higher rent due to an error
- You were not given proper notice about the report or your rights
- You suffered emotional distress, financial harm, or reputational damage
At Jaffer Law, we represent clients in FCRA violations nationwide, and we don’t charge unless you win.
Case Examples
Case 1: Sealed Record Reported
A Houston man was denied an apartment because a tenant screening report listed a sealed misdemeanor. His legal team at Jaffer Law filed a lawsuit under the FCRA. The client recovered a financial settlement, and the CRA was required to remove the record permanently.
Case 2: Mixed File Nightmare
A Chicago woman was flagged as having multiple evictions and a criminal background. In truth, her identity was confused with another person with a similar name. Jaffer Law helped her dispute the report, secure a correction, and recover damages for emotional harm and lost housing.
Don’t Let a Mistake on your Background Check Report Cost You a Home!
A single mistake in your tenant screening report can cost you the home you need. But you don’t have to accept that outcome.
You have powerful legal rights under the Fair Credit Reporting Act—and when those rights are violated, Jaffer Law is here to help.
We’ll work to:
- Correct your record
- Hold tenant screening companies accountable
- Pursue financial compensation for the harm you’ve suffered
Contact Jaffer Law Today
Denied housing due to an inaccurate tenant screening report?
Let us fight for you. Contact Jaffer Law for a free case review today.
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(888) 498-9533
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Jaffer Law. When Background Checks Go Wrong, We Make It Right.