Education for Justice

FACT SHEET H-4

Fall 2011

TENANT SCREENING

WHAT IS A TENANT SCREENING AGENCY?

Many landlords use tenant screening agencies to check out tenants. The screening agency gets information about tenants and sells it to landlords. They check things like:

· If you have eviction cases against you

· Your addresses for the last 3 years

· What old landlords say about you

· Your credit to see if you have any unpaid bills

· If you have a criminal record

If a landlord charges a screening fee, they have to use it to buy a screening report, credit report or to check references. They have to give the money back to you if they do not spend it on these things.

HOW FAR BACK DOES MY TENANT SCREENING REPORT GO?

Unpaid bills and evictions are reported for 7 years. Bankruptcies for 10 years. Criminal convictions can be reported forever, but arrests and other police records can only be reported for 7 years.

HOW DO I SEE MY TENANT SCREENING REPORT?

The landlord must tell you the screening agency’s name, address and phone number, when you apply. The landlord can show you the report if they want to. The agency can’t make the

landlord keep the report private. If the landlord won’t give you a copy, then get it from the tenant screening agency. Fill out the attached form and send it to the agency. Also send a copy of both sides of your photo ID (a state or county ID or driver’s license). Keep a copy of the form. The agency must send you the report within 15 days.

HOW MUCH WILL THE REPORT COST?

The report is free if:

· You were turned down for a place in the last 60 days, Because of the report or

· You do not have a job but are applying for one in the next 60 days or

· You get public assistance, such as SSI, RSDI, MFIP, GA, Food Stamps, or

· You think the report has things that are wrong

Otherwise, the report costs $9.50.

CAN I SEE MY REPORT BEFORE I APPLY FOR HOUSING?

Most screening companies do not keep files on tenants. If the company has never done a report on you, they will not have one to show you. Do not ask for a report until you have been turned down for an apartment because of one.

WHAT WILL THE AGENCY SEND ME?

After the agency gets your letter and photo ID, they have 15 days to send you:

All information in your file at the time of your request (this is usually the tenant screening report);
Where they got the information (the name, phone number, and address of anyone who gave facts about you);
The names of all landlords who got a copy of your report in the past year; and
A statement of your legal rights.

WHAT IF I FIND MISTAKES ON THE REPORT?

You have the right to correct any mistakes.

Write a letter to the screening agency saying what facts are wrong. The more detail you give, the better. For example, if an eviction in the report does not belong to you, tell them where you lived when the eviction was filed. Keep a copy of your letter.

The agency must check every fact you say is wrong. They cannot charge you for doing this. They must fix your report and take out facts they cannot prove within 30 days of getting your letter.

The agency can refuse to check if you do not give them enough information. They have to tell you if they refuse to check. Then send another letter giving them more details

When the agency is done checking, they have to give you a copy of your new report or tell you they did not find any mistakes.

You can have the tenant screening agency send the fixed report to all landlords who got the one with mistakes in it in the last 6 months.

If you disagree with the investigation, you can add a “dispute statement” to your report. In the statement, you say why you disagree with facts in the report. The agency has to send this statement to new landlords. If you ask, they also have to send it to any landlords who got your report in the last 6 months.

WHAT IS AN EXPUNGEMENT?

Expungement means erasing the public record of a case. Courts can expunge eviction cases, but not in all situations. You need to show that the landlord filed a bad eviction case and it would be unfair to keep it on your record. After an expungement, screening agencies can’t report that case. To find out how to get an expungement, see our fact sheet, H-27 Expunging an Eviction Case.

CAN I DO ANYTHING ELSE ABOUT EVICTIONS ON MY RECORD?

You can put a statement with your screening report that explains the eviction. For example, you can explain that you lost your job and could not pay the rent, but that you have been working since then. Or, you can explain that a family member caused a problem, but that person no longer lives with you. Say what has changed in your life so that whatever caused you to get an eviction won’t happen now. The screening agency must put your statement with any new report that it sends on you. You can also make them send the statement to any landlord who got a report on you in the last 6 months.

WHAT SHOULD I DO WHEN I APPLY FOR AN APARTMENT?

· Tell the truth. If you have evictions or other bad facts on your record, tell the landlord. Before you pay an application fee, ask if you have a chance for the apartment.

· Try to get a good reference from your current landlord. If they will not give you one, get a letter of recommendation from an employer or someone else who knows you.

TWIN CITIES TENANT SCREENING AGENCIES

Apartment Services Plus (ASP)	Rental Research Services, Inc.
7400 Metro Blvd. Suite 419	7525 Mitchell Rd, Suite 301
Edina, MN 55439	Eden Prairie, MN 55344
(952) 925-9592	(952) 935-5700
www.aspscreening.com	www.rentalresearch.com

Multi Housing Credit Control (MCC)	Renters Acceptance
10125 Crosstown Circle, Suite 100	7575 Corporate Way
Eden Prairie, MN 55344	Eden Prairie, MN 55344
(952) 941-0552	(952) 259-1199
www.mccgrp.com	www.rentersaccept.net

Rental History Reports, Inc	Screening Reports, Inc.
701 Fifth St South	12805 Highway 55, Suite 304
Hopkins, MN 55343	Plymouth, MN 55441
(952) 545-3953	(877) 253-6903
www.rentalhistoryreports.com	www.screeningreports.com

Twin City Tenant Check	First Check
910 Ivy Ave East	6910 Idsen Ave South
St. Paul, MN 55106	Cottage Grove, MN 55016
(651) 224-3002	1 (888) 588-2525
www.tcofmn.com	www.firstcheck.com

To find other Legal Aid Society materials, including any fact sheets mentioned in this document, go to www.lawhelpmn.org/LASMfactsheets.

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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REQUEST FOR A TENANT SCREENING REPORT

FULL NAME:

______________________________________________

ADDRESS:

_________________________________________________

PHONE:

___________________________

SS#:

______________________________

BIRTH DATE:

_____________________

PAYMENT:

Please send me a free copy of my tenant screening report, because:

I was turned down for an apartment within the last 60 days, based on your report, or

I get public assistance, or

I’m unemployed but looking for work, or

I believe there is fraudulent information in my report.

I am sending $9.50 for a copy of my report with this form.

I am sending a copy of my photo ID with this form.

DATE:

_______________

SIGNED:

_____________________________________