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Guest article: Are you screening tenants using a credit report? Avoid litigation!

Real estate professionals engaged in the renting and leasing of properties are confronted with some very real legal requirements.  In today’s economic environment, it is not uncommon to receive multiple applications to rent.  Based on recent experience and discussions with prospective tenants, it is not uncommon for the applying tenant to receive no response to the application, or if the application is denied, to not receive an adverse action notice.

In either case, it raises the question of compliance with the laws regarding the usage of consumer credit report information. The usage of this information is governed by both California State Law and Federal Law.

While credit reports can legitimately be used to screen tenants, the use of consumer credit reports brings into play specific legal duties which govern their use.  Generally, whenever an “adverse action” is taken against a prospective tenant based in whole or in part on information contained in a consumer credit report, an adverse action notice must be given to the prospective tenant under both Federal and California State Law.  Federal law permits such a notification to be other than in writing, California law requires a written statement. [15 United States Code (U.S.C.) §1681m; California Civil Code § 1785.20]

Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San Fernando Valley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can serve your area.

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