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FACT SHEETS - Credit Checks
The landlord will probably use your rental application to check your credit history and past landlord-tenant relations. The landlord may use a credit bureau or a credit reporting service in making the decision to rent to you. These businesses keep records on people's credit histories. These records state whether a person has been late in paying rent or other bills, or has ever been the subject of an unlawful detainer lawsuit that he or she did not win.
The landlord may use this information to make a final decision on whether or not to rent to you. A landlord doesn't usually have to give you a reason for refusing to rent to you. However, if the decision is based on negative reports from a credit bureau or credit reporting agency, the law requires the landlord to give you the name of the credit bureau or credit reporting service. The law also gives you certain rights to check the accuracy of the report and to correct any errors.Some landlords may ask you to pay for the credit report (usually about $25). The collection of this fee isn't regulated by law. Therefore, you shouldn't pay it unless you feel the amount is fair and if you are very sure you want to rent. Although some landlords will refund this fee to you even if you change your mind about the rental unit, the law doesn't require this. Before you agree to pay for the credit report, be sure that you understand the landlord's policy. You should ask your landlord several questions about the credit report fee:
- Will the fee be applied to your first month's rent if your credit report is positive and the landlord selects you as a tenant?
- Will the fee be returned to you if the landlord doesn't request a credit report on you?
- How long will it take for the credit report to be obtained?
- Is your fee refundable if the credit check takes too long and you are forced to rent another place?
If you don't like the landlord's policy on credit report fees, you may want to look for another rental unit. If you decide to pay the credit report fee, any terms regarding a refund (or credit toward your rent payment) should be in writing. This will help avoid a disagreement with your landlord about the refund.Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.