What to Do If You’re Denied a Rental Due to a Background Check

What to Do If You’re Denied a Rental Due to a Background Check

What to Do If You’re Denied a Rental Due to a Background Check

Finding a new place to live can be stressful—especially when you’re told that your application was denied because of something in your background check. Whether it’s a criminal record, past eviction, or a credit issue, being turned down can feel sudden and unfair. But you do have rights—and in some cases, you can challenge or fix the problem.

Here’s what to do if a landlord or property manager denies your rental application based on a background check.


1. Know the Legal Basis for Denial

Landlords are allowed to screen potential tenants using background checks that may include:

  • Credit history
  • Criminal records
  • Eviction history
  • Employment verification
  • Identity verification

However, they must comply with federal laws, including the Fair Credit Reporting Act (FCRA) and Fair Housing Act (FHA), which regulate how these checks are used and prohibit discrimination.

A denial isn’t illegal by default—but how it’s handled and why you were denied could cross legal lines.


2. Get a Written Notice of Denial

Under the FCRA, if your rental application is denied because of information in a background check, the landlord must give you:

  • A written notice of adverse action
  • The name, address, and phone number of the background screening company
  • A statement that the screening agency did not make the decision and cannot explain why it was made
  • A notice of your right to dispute the accuracy or completeness of the report

If you weren’t given this notice, or the landlord refuses to provide it, they may already be violating your rights.


3. Request a Copy of the Background Report

You are entitled to a free copy of the report from the screening company used by the landlord—but only if you request it within 60 days of receiving the denial notice.

Review the report carefully. Look for:

  • Outdated criminal records
  • Mistaken identity (someone else’s record showing up as yours)
  • Errors in credit history or eviction data
  • Old debts that have been resolved

Even small inaccuracies can unfairly skew your rental eligibility. If you see anything suspicious, move quickly to correct it.


4. Dispute Inaccurate Information

If your background check contains incorrect or misleading information, file a dispute with the screening company right away. You have the right to:

  • Dispute any part of the report you believe is incorrect
  • Provide supporting documentation
  • Receive an update within 30 days

Examples of items you can dispute include:

  • Criminal charges that were dismissed or expunged
  • Paid debts still marked as outstanding
  • Evictions that were never filed or were dismissed
  • Incorrect addresses or aliases

Once the dispute is resolved, ask the screening company to send the updated report to the landlord—especially if the property is still available.


5. Consider Providing a Letter of Explanation

If the information in the report is correct but you believe it doesn’t reflect who you are today, you can submit a written letter of explanation to the landlord. This is particularly useful if the issue involves:

  • A misdemeanor or felony from several years ago
  • An eviction caused by a temporary hardship
  • A credit score hit from medical debt or divorce

In the letter, explain what happened, what you’ve done to improve, and why you’re a reliable tenant now. Include references or proof of income if possible.

Some landlords may reconsider when they see you’ve taken responsibility and made progress.


6. Know Your Fair Housing Rights

The Fair Housing Act prohibits landlords from denying housing based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Disability
  • Familial status

Some states and cities offer additional protections, including:

  • Criminal record history (e.g., “Ban the Box” laws)
  • Source of income (e.g., Section 8 vouchers)
  • Gender identity or sexual orientation
  • Immigration status

If you believe your denial was based on one of these protected characteristics, you may be able to file a housing discrimination complaint.


7. File a Complaint If Necessary

If your rights were violated under the FCRA or Fair Housing Act, you can take action:

For FCRA Violations:

  • File a complaint with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov/complaint
  • File a complaint with the Federal Trade Commission (FTC) at reportfraud.ftc.gov
  • Consult a consumer protection attorney for possible legal action

For Housing Discrimination:

  • File a complaint with the U.S. Department of Housing and Urban Development (HUD) at hud.gov
  • Contact your state or local fair housing agency

These agencies can investigate, mediate, or even file lawsuits if they find evidence of wrongdoing.


8. Strengthen Your Application Going Forward

If the background report was the reason for your denial and you’re still searching for housing, try these strategies:

  • Offer a higher deposit to offset landlord risk
  • Provide personal references from past landlords, employers, or community members
  • Bring recent pay stubs or proof of income to show financial stability
  • Explain the situation upfront—before the background check
  • Use a co-signer or guarantor, if available

Many landlords are open to tenants with past issues if they see signs of stability, responsibility, and honesty.


9. Consider Applying to Landlords with Flexible Screening Policies

Not all landlords use the same strict screening process. You may have better luck with:

  • Independent landlords or smaller property owners
  • Private rentals listed on community bulletin boards or local classifieds
  • Affordable housing programs with support services

Some cities have nonprofits or tenant advocacy groups that maintain lists of housing options for people with past criminal records, low credit, or other barriers.


10. Know When to Get Legal Help

If you’re repeatedly denied housing, facing homelessness, or believe you’re being unfairly targeted by screening policies, talk to:

  • A tenant rights organization
  • A consumer protection lawyer
  • A fair housing advocate

They can help you file complaints, request reasonable accommodations, or challenge systemic practices that violate your rights.


Don’t Be Afraid To Get Help
If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.

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