My tenant screening report shows someone else's eviction. Can I get approved for the apartment?

Question

I've been apartment hunting for two months and finally found the perfect place. It's in my budget, close to my job, pet-friendly for my dog, and the landlord seemed really enthusiastic about my application. I filled out everything honestly, paid the application fee and screening fee, and felt confident I'd get approved. Then the property manager called and said there was "a problem" with my tenant screening report. When I pulled my copy, I was shocked - it shows an eviction from 2019 and several past-due rent balances. But none of this is mine. The eviction is from a city I've never lived in, under an address I don't recognize. The past-due accounts show apartments in states I've never even visited. I've been a good tenant everywhere I've lived, never missed a payment, and I have references from my last two landlords to prove it. The screening company must have mixed me up with someone else who has a similar name. I disputed it immediately, but they said it could take 30 days and the landlord already told me she's showing the apartment to other applicants. I can't wait 30 days - I need to get into this apartment. How do I fix this fast enough to salvage my application?

Consumer Attorneys · Accepted Answer

Tenant screening mixed files are just as serious as employment background check errors, and they're covered by the same federal law - the Fair Credit Reporting Act. When a tenant screening company reports evictions, rent debts, or other rental history information that belongs to someone else, they are violating their duty to report only accurate information about you. The fact that the addresses are in cities and states you've never lived in is strong evidence of a mixed file error. Under the FCRA, you have the right to dispute this information and receive a prompt reinvestigation, but 30 days may be too long when you have an active housing application at risk.

You need to take immediate, aggressive action:

Request expedited reinvestigation: Send a written demand to the screening company explaining that you have an urgent housing application pending and requesting expedited review
Provide compelling proof: Include copies of your ID, previous lease agreements showing where you actually lived during the time periods in question, and references from former landlords
Contact the landlord directly: Explain that you've identified a clear error (addresses in states you've never lived in) and that you're actively disputing it
Document your actual rental history: Gather proof of your positive rental history to show the landlord while the dispute is being resolved

The law recognizes that housing delays can cause serious harm. Unlike some consumer reports where timing is less critical, losing an apartment because of a mixed file can leave you without housing, which is why tenant screening companies have heightened responsibilities. We can help you expedite this dispute, apply pressure on the screening company to investigate immediately rather than taking 30 days, and if necessary, work with the landlord to show them the clear evidence of error while the formal dispute is being processed. If the delay or denial costs you this housing opportunity, you may also have a claim for damages. Under the FCRA, the screening company would pay our attorney's fees if we win. Contact us immediately - tenant screening cases are time-sensitive and we're prepared to act quickly to preserve your housing opportunity.