Renter Guide · Denied Applications

Your Rights After a Rental Application Denial

If a screening report played any part in the decision, federal law entitles you to a notice, a free copy of the report within 60 days, and a free reinvestigation of anything wrong. Here is how to use each right.

If a landlord denies your rental application based in whole or in part on a consumer report, the Fair Credit Reporting Act requires the landlord to give you an adverse action notice (15 U.S.C. §1681m). The notice must name the company that supplied the report, say that the company did not make the decision, and tell you that you can get a free copy of the report within 60 days (§1681j) and dispute anything inaccurate or incomplete (§1681i). Those three rights – to know, to see, and to correct – apply whether the report came from a big national screening company or a small local one.

This guide walks through what counts as an adverse action, exactly what the notice must say, how to request your free report, how to read it, how to dispute errors, what to do if the landlord never sent a notice, and when a denial crosses the line into illegal discrimination. It is written for applicants. Landlords looking for the sender’s side of the same rules should read our adverse action notice guide for landlords.

Video: what a landlord must tell you after a denial, how to get your free report, and how to dispute mistakes.

Key Takeaways: Rights After a Rental Denial

• A denial, a co-signer requirement, a bigger deposit, or higher rent based on a report is an adverse action that triggers a notice.
• The notice must name the reporting company with its address and phone number and state that the company did not make the decision (§1681m(a)(3)).
• You can get a free copy of the report if you ask the company within 60 days of the notice (§1681j(b)).
• Disputes are free and generally must be reinvestigated within 30 days (§1681i).
• Discrimination is a separate claim: a Fair Housing Act complaint to HUD is due within one year (42 U.S.C. §3610).

What Counts as an Adverse Action on a Rental Application?

An adverse action is any decision that is worse for you than the decision you applied for. An outright denial is the obvious example, but it is not the only one. The Federal Trade Commission’s guidance for landlords lists these as adverse actions when they are based on a consumer report:

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

The trigger is the phrase “based in whole or in part.” If a report was one factor among several – your credit history plus your income, for example – the notice duty still applies. A landlord cannot avoid it by pointing to the other reasons. A “yes, but” approval is also an adverse action; our landlord-side form for a conditional acceptance based on a credit report shows what that notice looks like when it is done properly.

What matters is the source of the information. A consumer report is information from a consumer reporting agency: a tenant screening company, a credit bureau, or a background check provider that assembles records about people for others. Information the landlord gathers personally – calling your employer, reading your pay stubs, or speaking to your current landlord – is not a consumer report, so a denial based only on that does not trigger the federal notice. Many denials combine both, and then the notice is required.

What Must a Rental Denial Notice Include?

Section 1681m(a) of the Fair Credit Reporting Act sets out four things a landlord must provide when it takes an adverse action based on a consumer report. The notice may be oral, written, or electronic, although written is far easier to prove later.

1. Notice of the adverse action itself – that the application was denied, or approved only on the less favorable terms.
2. Any credit score the landlord used. If a numerical credit score was used in the decision, the landlord must disclose it in writing or electronically, together with the related information in §1681g(f): the range of possible scores, the key factors that hurt the score (up to four), the date the score was created, and who provided it.
3. The reporting company’s contact details and a disclaimer. The name, address, and telephone number of the consumer reporting agency that furnished the report, including a toll-free number if it keeps files nationwide, plus a statement that the agency did not make the decision and cannot explain why it was made.
4. Notice of your rights to obtain a free copy of the report from that agency, including the 60-day period for asking, and to dispute the accuracy or completeness of any information in it.

If the landlord used more than one report – a credit report and a separate eviction or criminal records report, for example – the notice should identify each agency whose report contributed to the decision. When it lists only one, ask the landlord whether any other report was used.

Does the Landlord Have to Tell You Why You Were Denied?

Under federal law, not in detail. The Fair Credit Reporting Act requires the landlord to tell you that a report was used and who supplied it, and it requires the notice to say the agency cannot give you the specific reasons. It does not require the landlord to list its own reasons. The key-factor disclosure that comes with a credit score is the closest federal law gets to an explanation.

State law can require more. In Washington, for example, RCW 59.18.257 requires a landlord who takes an adverse action to give the applicant a written notice in a prescribed form that states the reasons and identifies which type of information – a consumer report, a criminal record check, employment or income verification, or other information – contributed to the decision, and a landlord who violates the screening-disclosure rules may be liable to the applicant. Our Washington tenant screening laws page and our overview of screening laws in every state show where state rules go further than federal law.

Even where no law requires an explanation, it is reasonable to ask politely. A short, specific question such as “Was the decision based on credit, rental history, income, or criminal history?” often gets a useful answer. Some landlords decline to elaborate on their own judgment, and our landlord-side page on responding to a request for further information explains why many are advised to keep those replies brief.

How Do You Get Your Free Copy of the Report Within 60 Days?

Section 1681j(b) requires the consumer reporting agency named in your notice to give you your file without charge if you request it within 60 days after receiving the notice of adverse action. The request goes to the agency, not to the landlord.

1. Find the agency’s details on the notice: name, address, and telephone number.
2. Make the request promptly, well inside 60 days, by the method the agency offers – online portal, toll-free number, or mail.
3. Say that you received an adverse action notice, give the landlord’s name and the date, and ask for your complete file disclosure.
4. Be ready to verify your identity. Agencies generally ask for your full name, date of birth, Social Security number, and current and prior addresses. Send copies of ID documents, never originals.
5. Keep proof of the request date – a portal confirmation, a call log, or certified mail receipt.

What you receive is broader than the landlord’s summary. Under §1681g(a), the agency must disclose all information in your file at the time of the request and the sources of that information, and it must identify each person who obtained a report about you for non-employment purposes during the prior year. That last list tells you whether other landlords have seen the same information.

The 60-day copy is not your only free option. Nationwide specialty consumer reporting agencies, a category that includes companies keeping files on residential or tenant history, must also provide a free disclosure once every 12 months on request under §1681j(a)(1)(A), and you can check your standard credit reports for free weekly at AnnualCreditReport.com. Our guide on how to check your eviction history explains how to use those routes before your next application.

How Do You Read the Report for Errors?

Read the whole report with your own records beside you, not just the section you suspect. Screening reports combine data from many sources, and mistakes in one section often explain the decision. Look for:

• Mixed files – records that belong to someone with a similar name, a relative, or a previous occupant of the same address. Check dates of birth, middle names, and addresses on every entry.
• Eviction entries without outcomes – a filing reported without the dismissal or judgment for you that followed.
• Criminal entries that are not convictions, are sealed or expunged, or belong to another person.
• Credit accounts that are not yours, are reported as late when they were paid on time, or are listed twice.
• Obsolete items – civil suits and judgments, collections, and most other adverse items older than seven years, which §1681c(a) generally bars from reports.
• Wrong identifying information – addresses you never lived at or employers you never had.

If the report has a credit section and the codes are unfamiliar, our credit report codes guide decodes them, and our overview of what a tenant screening report contains explains each section as a landlord reads it. Mark each error and gather the document that proves it.

How Do You Dispute Inaccurate Information?

Dispute directly with the consumer reporting agency that produced the report. Under 15 U.S.C. §1681i, when you dispute the completeness or accuracy of an item, the agency must conduct a reasonable reinvestigation free of charge and either record the current status of the item or delete it within 30 days after receiving your dispute. The period may be extended by up to 15 days if you provide additional relevant information during the first 30 days.

The agency’s duties during a dispute

• Tell the source. Within five business days of receiving your dispute, the agency must notify the person or company that furnished the item and pass along all relevant information you provided.
• Delete or fix what cannot stand. If an item is inaccurate, incomplete, or cannot be verified, the agency must promptly delete it or modify it as appropriate.
• Report back. Within five business days after finishing, it must send you written notice of the results, including a revised report if anything changed.
• Explain a refusal. If it decides your dispute is frivolous or irrelevant, for example because you gave no information identifying the problem, it must tell you within five business days and say why.

What a strong dispute contains

1. Your identifying details and the report or file number.
2. Each disputed item, described exactly as it appears on the report.
3. A plain statement of what is wrong and what is correct.
4. Copies of supporting evidence: court dispositions, payment records, sealing orders, identity documents.
5. A request that corrected information be sent to everyone who received your report in the last six months, which §1681i(d) lets you require for non-employment reports – including the landlord who denied you.

If the agency confirms an item you still believe is wrong, you have the right to add a brief statement of dispute to your file, and future reports must show that you dispute it. You can also dispute a credit account directly with the lender or collector that reported it, which is often faster when the furnisher’s own records are clearly wrong.

What Happens After a Successful Dispute?

A corrected report does not automatically reverse the landlord’s decision, and federal law does not require the landlord to reconsider. In practice, though, a documented correction is the strongest reason you can give a landlord to look again.

• Send the landlord the result. Forward the agency’s results letter and the corrected report, or ask the agency to notify the landlord under §1681i(d).
• Ask for reconsideration in writing, briefly: what was wrong, what the corrected report shows, and that you remain interested in the unit.
• Move quickly. Units rent fast. If this one is gone, keep the corrected report for your next application.
• Check the other agencies. The same error often lives in more than one company’s database, especially mixed-file and court-record errors.

What If the Landlord Never Sent an Adverse Action Notice?

Start by asking. Some landlords give notice orally and some do not realize a co-signer requirement counts. A courteous written request – “Was a consumer report used in the decision, and if so, which company supplied it?” – often produces the information you need to exercise your rights.

If a landlord that used a report still fails to give the required notice, the Fair Credit Reporting Act provides civil remedies. For a willful violation, §1681n allows recovery of actual damages or statutory damages of not less than one hundred dollars and not more than one thousand dollars, plus punitive damages the court allows and reasonable attorney’s fees. Section 1681o allows actual damages and attorney’s fees for a negligent violation. An action generally must be brought by the earlier of two years after you discover the violation or five years after it occurred (§1681p).

You can also submit a complaint to the Consumer Financial Protection Bureau about the reporting company, online or by phone at (855) 411-2372, and report a landlord’s notice failures to the Federal Trade Commission. For advice about whether a lawsuit makes sense, speak with a consumer-protection attorney or a legal aid office; many handle Fair Credit Reporting Act cases because the Act allows attorney’s fees.

When Is a Rental Denial Illegal Discrimination?

A landlord may deny an application for legitimate business reasons applied consistently, such as insufficient verified income or a recent eviction judgment. A landlord may not deny, or impose different terms, because of a characteristic the Fair Housing Act protects: race, color, religion, sex, familial status (households with children under 18, or pregnancy), national origin, or disability. The Act also requires reasonable accommodations for applicants with disabilities, such as for an assistance animal.

Signs that a denial may be discriminatory include being told a unit was unavailable when it was still advertised, being held to criteria other applicants were not, questions about your family plans, religion, or disability, and screening policies applied only to some applicants. Our landlord-side guides to the Fair Housing Act, protected classes, and criminal history in tenant screening explain where the lines are.

You may file a complaint with the U.S. Department of Housing and Urban Development not later than one year after the alleged discriminatory practice occurred or ended (42 U.S.C. §3610(a)(1)(A)(i)). Many states and cities also protect additional characteristics, such as source of income, age, marital status, sexual orientation, or gender identity, and have their own fair housing agencies with their own deadlines. A local fair housing organization can help you decide where to file.

What If You Were Approved Only With a Co-Signer or a Bigger Deposit?

Treat it the same as a denial for the purpose of your rights. If the less favorable terms were based in whole or in part on a report, the landlord owed you the same adverse action notice, and you have the same right to a free copy within 60 days and the same right to dispute. The FTC’s list of adverse actions expressly includes requiring a co-signer, requiring a deposit other applicants would not have to pay, requiring a larger deposit, and charging higher rent.

Whether to accept the terms is a practical decision. If the report is accurate and the unit is right, a co-signer or larger deposit may be the fastest path to a lease; many states limit security deposits, so check your state’s rule before agreeing. If the report is wrong, dispute it first and ask the landlord to revisit the terms once it is corrected.

What If Your Denial Was Not Based on a Report?

If the landlord relied only on information it gathered itself – your stated income, your pay stubs, a call to your employer, or a conversation with your current landlord – the federal adverse action notice does not apply, because no consumer report was involved. You can still ask for the reason, and some states require one. Fair housing law applies to every denial regardless of how the information was gathered.

Income is the most common non-report reason. Many landlords apply a rent-to-income ratio, and a denial on income often turns on which income was counted. If you have income that was not considered – a second job, benefits, a housing voucher, or a co-applicant’s earnings – say so and offer documents. Our landlord-side guide to verifying tenant income shows what landlords typically accept.

What If the Report Gave a Score or a Pass/Fail Recommendation?

Many tenant screening reports do not just list records; they add a risk score, a grade, or a recommendation such as “accept,” “accept with conditions,” or “decline.” Landlords often follow that recommendation, and applicants often never learn what produced it.

Your rights still attach to the information underneath. The free file disclosure you request under §1681g(a) must include all the information in your file and its sources, so you can see which records were available when the recommendation was made. If the landlord used a numerical credit score, §1681m(a)(2) requires it to disclose that score with its range and key factors. Ask the agency which categories of information fed the recommendation, and dispute any record behind it that is wrong. A recommendation built on a mixed file or an incomplete eviction entry falls with the record it relied on.

Some states and cities limit how automated scores or particular record types may be used in rental decisions. Our state screening law guide is a starting point for finding the rules where you are applying.

Do Co-Applicants and Guarantors Have the Same Rights?

Yes, each person is a separate consumer. When a landlord screens several adults on one application, each person whose report contributed to an adverse decision is entitled to the notice information, a free copy of his or her own report within 60 days, and the right to dispute. A denial may rest on one applicant’s report and not another’s, so each of you should ask which report was used.

A guarantor or co-signer whose report is pulled is also a consumer under the Act. If a landlord rejects a proposed guarantor because of that person’s report, the guarantor has the same right to learn which agency supplied it and to get and dispute the report. Share this page with anyone who applied with you; one person’s file error can sink everyone’s application.

What Records Should You Keep After a Denial?

Every right on this page runs on a deadline, and every deadline is proved with paper. Keep one folder, paper or digital, for each denial with:

• The listing or advertisement, and any written screening criteria you were given.
• Your application, the date you submitted it, and any receipt for an application fee.
• The adverse action notice, or your dated notes of an oral notice.
• Your request for the free report, with proof of the date, and the report itself.
• Your dispute letter, its evidence, the agency’s results letter, and any corrected report.
• Every message with the landlord, including any request to reconsider.

That folder is what a lawyer, a fair housing agency, or the CFPB will ask for first, and it is what lets you answer the next landlord’s question with documents instead of memory.

When Should You Talk to a Lawyer?

Most denials can be handled without a lawyer: request the report, dispute the errors, and move on or reapply. Consider legal advice when:

• An agency refuses to correct a clear error after a documented dispute, or the error keeps coming back.
• A landlord used a report but gave no adverse action notice and you lost a home you otherwise qualified for.
• Someone else’s eviction or criminal record keeps appearing in your file.
• You see signs of discrimination based on a protected characteristic.

Because the Fair Credit Reporting Act and the Fair Housing Act both allow a winning consumer to recover attorney’s fees, some consumer-protection and fair housing attorneys take these cases without charging the renter upfront. Legal aid organizations and local fair housing groups are another free starting point. Bring your notice, your reports, your dispute letters, and the agency’s responses.

A Step-by-Step Plan for the Week After a Denial

1. Day 1: Save the notice, or write down everything you were told and ask for it in writing. Note the date.
2. Day 1-2: Ask the landlord, politely and in writing, which report was used and whether the decision turned on credit, rental history, criminal records, or income.
3. Day 2: Request your free file from every agency named, and keep proof of the request date.
4. When the file arrives: Compare each entry with your own records and list every error with its proof.
5. Within days: Send a dispute to the agency, item by item, and ask it to notify recipients from the last six months.
6. At the same time: Correct any court docket errors at the source.
7. After the results: Send the corrected report to the landlord and ask for reconsideration; keep copies for future applications.
8. If discrimination is possible: Write down what happened while it is fresh and contact HUD or a local fair housing organization well inside the one-year deadline.

How Can You Strengthen Your Next Rental Application?

The most useful step is to see what landlords will see before you apply. Check your eviction history and your specialty-agency files, clear up errors, and keep the corrected reports. Some renters also order a full screening report about themselves to review and share; our guide to applicant-paid tenant screening explains how that works.

• Read the criteria first. Ask for the landlord’s written screening criteria before paying an application fee, and apply where you meet them.
• Bring documents. Recent pay stubs, an offer letter, benefit letters, and bank statements answer income questions immediately.
• Address known issues in a short note – what happened, how it was resolved, and your record since.
• Line up a co-signer or guarantor in advance if your credit or income is thin.
• Know the credit picture. Our article on the minimum credit score for renting explains how landlords use scores.

Primary sources used on this page

Federal statutes: 15 U.S.C. §1681m (adverse action duties), §1681j (free disclosures), §1681i (disputes), §1681g (file contents), §1681n (civil liability), §1681p (time limits), and 42 U.S.C. §3610 (HUD complaints). Agency guidance: the CFPB answer on denials based on a tenant screening report and the FTC guide for landlords using consumer reports. State: RCW 59.18.257.

Rental Application Denial Rights: FAQ

Does a landlord have to tell me if I was denied because of a background check?

Yes. If the decision was based in whole or in part on a consumer report, 15 U.S.C. 1681m requires an adverse action notice naming the reporting company, stating that it did not make the decision, and explaining your right to a free copy within 60 days and to dispute.

How do I get a free copy of my tenant screening report after a denial?

Ask the consumer reporting agency named in the adverse action notice within 60 days of receiving the notice. Under 15 U.S.C. 1681j(b) it must give you your file without charge.

Does the landlord have to tell me the reason I was denied?

Federal law does not require the landlord to state its own reasons; it requires the notice to identify the report used and your rights. If a credit score was used, the landlord must disclose it with its key factors. Some states, such as Washington under RCW 59.18.257, require written reasons.

Is being asked for a co-signer an adverse action?

Yes, when it is based on a consumer report. The FTC lists requiring a co-signer, requiring a deposit other applicants would not pay, requiring a larger deposit, and charging higher rent as adverse actions.

How long does a screening company have to investigate my dispute?

Generally 30 days from receiving the dispute, extendable by up to 15 days if you send more relevant information during that time, under 15 U.S.C. 1681i. It must send you the results within five business days after finishing.

Will fixing my report make the landlord approve me?

Not automatically. Federal law does not require a landlord to reconsider, but a documented correction is the strongest reason to ask. You can require the agency to send corrected information to anyone who received your report in the last six months.

What can I do if the landlord never gave me an adverse action notice?

Ask in writing whether a report was used and which company supplied it. If a required notice was willfully withheld, 15 U.S.C. 1681n allows actual or statutory damages of one hundred to one thousand dollars, punitive damages, and attorney’s fees. You can also complain to the CFPB or FTC.

How long do I have to file a housing discrimination complaint?

A complaint to HUD must be filed not later than one year after the alleged discriminatory housing practice occurred or ended, under 42 U.S.C. 3610. State and local agencies may have different deadlines.

Can a landlord deny me for a bad credit score?

Generally yes, if the landlord applies the same credit standard to every applicant and the decision is not a cover for discrimination. If the score came from a consumer report, you are owed an adverse action notice that discloses the score and its key factors.

Does the adverse action notice have to be in writing?

No. Section 1681m allows oral, written, or electronic notice, although the credit score disclosure must be written or electronic. Ask for a written copy so you can prove the date and the agency named.

Related Guides for Renters and Screening Rights

• How to check your eviction history – court records, screening files, and sealing.
• Applicant-paid tenant screening – review your own report before a landlord does.
• Adverse action notice for landlords – the sender’s side of the notice.
• The FCRA for landlords – every screening duty in one guide.
• Fair Housing Act guide – protected classes and lawful criteria.
• Inside a tenant screening report – what each section shows.
• Criminal history in screening – limits on how records may be used.
• Screening laws by state – where state law adds rights.

Know What Landlords Will See

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About the Author

Published by Tenant Screening Background Check · Editorial Team

Established 2004. Our editorial team explains tenant screening and the Fair Credit Reporting Act in plain language for renters and landlords in all 50 states, and checks every statute cited on this page against its official source.

Updated 2026

Legal Disclaimer

This article is for general informational purposes only and is not legal advice. Consumer reporting and fair housing laws change, and how they apply depends on your facts and your state. For advice about a specific denial, dispute, or complaint, consult a licensed attorney or your local legal aid or fair housing organization. Reading this page does not create an attorney-client relationship.