Do Landlords Google You? Tenant Screening, Name Searches, and Your Rights

How tenant screening works

When you apply to rent, the landlord usually asks for permission to run a screening report. They may use a tenant screening company, a credit bureau, or a background check company. The FTC's guidance for landlords lists the kinds of reports that count as consumer reports, including:

All of these are covered by the Fair Credit Reporting Act when a landlord uses them to decide on your application.

• A credit report from a credit bureau
• A report describing your rental history from prior landlords or housing court records
• A criminal history report from a background check company
• A combined report with rental, criminal, and credit history
• A risk score or recommendation from a screening company based on criteria the landlord chose
• A report from a reference checking service that contacts prior landlords or employers

What landlords must do

The FTC explains that landlords can get a consumer report only with a permissible purpose, such as evaluating your application to rent or renew a lease, and must certify that they will use it only for housing purposes.

If the landlord takes an adverse action based partly or completely on a report, it must notify you. The FTC lists common adverse actions:

The notice must include the name, address, and phone number of the screening company, a statement that the company did not make the decision and cannot explain why it was made, and notice of your right to dispute the accuracy or completeness of the information and to get a copy of the report at no charge if you ask within 60 days.

The FTC adds that the notice is required even if the report played only a small part in the decision. The FTC says written notices are best practice, though oral notices are allowed.

If the landlord used a credit score, it has additional obligations to tell you the score, its source and range, and the key factors that hurt it.

• Denying the application
• Requiring a co-signer
• Requiring a deposit that would not be required for another applicant
• Requiring a larger deposit than another applicant
• Charging higher rent than another applicant

When screening reports are wrong

Screening reports can contain errors: records from someone with a similar name, evictions that were dismissed, debts that were paid, or criminal records that were sealed. In 2018, the FTC announced that a Texas tenant screening company would pay $3 million to settle charges that it failed to take reasonable steps to ensure the accuracy of its tenant screening reports. Name-matching errors are a known problem.

If you share a name with someone who has an eviction or criminal record, this risk is real. Our guide to background checks that confuse you with someone with the same name covers this in depth.

How to dispute an error

1. Get the report. Use the contact information in the adverse action notice and request your no-cost copy within 60 days. 2. Identify each error. Mark records that are not yours, are outdated, or are wrong. 3. Dispute with the screening company. Explain each error in writing and include supporting documents, such as a court dismissal or proof of payment. 4. Tell the landlord. Let them know you are disputing errors. They may be willing to wait or reconsider. 5. Follow up. Screening companies generally must investigate disputes. Keep copies of everything.

Our article on disputing a background check error walks through the process in detail. You can also submit a complaint to the Consumer Financial Protection Bureau if a company does not fix a problem.

Criminal records and fair housing

The FTC notes that landlords should review other federal and state laws about screening, and that a blanket policy of refusing to rent to anyone with a criminal record may violate the Fair Housing Act. Some states and cities also limit how landlords can use criminal records, especially arrests that did not lead to convictions or very old convictions. If you have a record, check your local rules.

Our guides to what background checks can report and arrest records and background checks explain what may appear.

Informal name searches

Some landlords, especially small landlords renting a single unit, also search applicants' names online. They may look at social media, news, and people-search sites. These informal searches are not consumer reports, but fair housing laws still apply to how landlords make decisions.

To prepare:

• Search your name in a private window and note what appears.
• Make personal social accounts private if you prefer.
• Opt out of people-search sites with wrong information. See removing yourself from people-search sites.
• Keep a public professional profile, like LinkedIn, that confirms your job and identity.

Before you apply

A little preparation goes a long way:

• Check your credit reports. Fix errors before applying.
• Know your rental history. If you had an eviction filing that was dismissed or settled, gather the paperwork.
• Prepare proof of income. Pay stubs, an offer letter, or bank statements.
• Line up references. Prior landlords or employers who can speak for you.
• Write a short explanation for anything unusual, like a past eviction or a gap in rental history.

If you have a namesake with a record

If you know someone with your name has evictions or a criminal record, consider telling the landlord up front and offering identifying details, like your date of birth or past addresses, so the screening company can match records accurately. Keep documents that show your identity and rental history.

Application fees

Many landlords charge application fees to cover screening costs. Some states and cities limit these fees or require landlords to accept reusable screening reports. Check your local rules. Be wary of listings that ask for large fees or deposits before you have seen the unit, which can be a sign of a rental scam.

If you are denied

1. Ask whether a screening report played a role. You should receive an adverse action notice if it did. 2. Request your no-cost copy of the report from the company named in the notice. 3. Review it carefully and dispute errors. 4. Ask the landlord whether they will reconsider once errors are fixed, or whether a co-signer or larger deposit would help.

Keep copies

Keep copies of every application, notice, report, and dispute letter. If you need to file a complaint later, a clear paper trail makes it much easier.

Renewals count too

The FTC's guidance applies to lease renewals as well as new applications. If your current landlord runs a new report when your lease is up and then raises your rent or requires a larger deposit because of it, the same adverse action notice requirements apply.

Reusable and portable reports

Some areas allow or require landlords to accept reusable screening reports that applicants obtain themselves, which can save money when applying to multiple places. If you are applying to several rentals, ask whether landlords accept them.

Common questions

Sources

1. Using Consumer Reports: What Landlords Need to Know (Federal Trade Commission)
2. Texas Company Will Pay $3 Million to Settle FTC Charges That It Failed to Meet Accuracy Requirements for Its Tenant Screening Reports (Federal Trade Commission)
3. Submit a complaint (Consumer Financial Protection Bureau)