Landlords often review credit, rental history and criminal records. Federal and state law set rules about what they can use and what they must tell you if they turn you down.
What landlords may review
- Credit reports and scores.
- Past evictions and landlord references.
- Income and employment verification.
- Criminal background in many places, though some states and cities limit how it can be used.
Your rights if you are denied
If a landlord denies you or charges more because of information in a consumer report, the Fair Credit Reporting Act generally requires an adverse action notice. It must tell you which reporting company supplied the report and that you can get a free copy and dispute errors within 60 days.
Application fees
Many states cap application or screening fees or require refunds if the fee is not used for screening. Ask what the fee covers, and be wary of fees charged for units that are already taken.
What you can do
- Check your credit report before applying and fix errors.
- Prepare a short explanation for past problems, with proof of improvements.
- Ask what criteria the landlord uses and whether they apply to everyone.
- If you think the denial was discriminatory, see our guide to housing discrimination.
Frequently asked questions
Can a landlord refuse me for a past eviction?
Usually yes, unless local law limits it. Some places restrict use of older or sealed records.
Can I get my application fee back?
It depends on state law and whether the landlord used it for screening.