Landlord Question and Answer Forum

I denied an application and now the applicant is asking for the original application back. I feel that I should hang on to this as proof that he consented to having a background check. Any thought on this? Thanks

I would make a copy of it for your records and then give the applicant back the rental application. A copy will serve your purposes, no reason to invite trouble by disgruntling a denied applicant, never know when they'll bring a discrimination lawsuit out of spite and greed. I actually keep all electronic records now, I just scan rental applications.

Posted by Millie L, MD on Thursday, October 29, 2015

Michael, I agree with Millie. You should definitely give them a copy, but you deserve to also keep a copy for your records. Important: If you denied them due to their credit score, the federal Fair Credit Reporting Act requires sending the applicant an "adverse action notice" advising them that they have been denied rental in part due to information obtained from their credit report. An adverse action notice must include the following information: 1. The name, address, and telephone number of the credit reporting agency that supplied the credit report. 2. A statement that the credit reporting agency that supplied the report did not influence the landlord's decision to reject the application. 3. Advise the rejected applicant of his/her right to dispute the correctness or completeness of the information from the credit reporting agency and the applicant's right to obtain a free copy of their credit report from the agency within 60 days, if requested. Finally, you can use an online application that both of you can access. There are plenty of websites out there, but I use Hemlane. I hope you find this information helpful!

Posted by Dana H, CA on Friday, November 13, 2015