Tenant Screening Report Errors in Wisconsin
You found the apartment, filled out the application, and then got turned down — over a tenant screening report you never saw, listing an eviction or a criminal record that isn't yours. Being denied housing over someone else's mistake is more than frustrating; it can leave you scrambling for a place to live. Federal law protects you, and in most cases the company that got it wrong pays your attorney's fees.
Attorney Nathan DeLadurantey represents Wisconsin renters against tenant screening companies that report inaccurate information. Consultations are free.
Tenant Screening Companies Must Follow the FCRA
The companies landlords use to screen applicants — including the tenant-screening services of TransUnion, Experian, RealPage, and CoreLogic — are consumer reporting agencies under the Fair Credit Reporting Act. That means they must follow reasonable procedures to assure the maximum possible accuracy of your report and must investigate when you dispute an error.
If a landlord denies your application based on a screening report, the FCRA requires an adverse action notice telling you which company supplied the report and that the company — not the landlord — is the source of the information. That notice is your starting point for fixing the problem.
Common Tenant Screening Errors
- Eviction records that belong to someone else with a similar name
- An eviction filing that was dismissed or decided in your favor reported as if you lost
- Criminal records that aren't yours, or that were dismissed, expunged, or sealed
- Mixed files that blend your history with a stranger's or a relative's
- Outdated debts or judgments reported past the FCRA's time limits
- Wrong rental history or a balance you don't actually owe
Why Mixed Files Are So Common in Screening
Tenant screening reports are often generated in seconds using broad name-and-birthdate matching. That speed comes at a cost: records belonging to other people — a stranger who shares your name, or a relative with a similar Social Security number — get attached to your report. Because landlords frequently deny applicants without explanation, many renters never learn why they keep getting rejected until they finally see the report.
What to Do If You're Denied Over a Screening Report
- Get the adverse action notice and the report. The notice names the screening company; request your file directly from them.
- Find every error. Review it carefully against your actual rental and legal history.
- Dispute in writing. Send a written dispute and keep a copy. See how to dispute a background check.
- Keep documenting. Save the report, the denial, your dispute, and the company's response.
- Call a lawyer if it isn't fixed. If the error survives your dispute or comes back, you may have a claim.
What Your Case Could Be Worth
Under the FCRA you may recover actual damages (including the cost and disruption of lost housing and emotional distress), statutory damages for willful violations, punitive damages, and attorney's fees and costs paid by the other side. Where the problem grows out of a Wisconsin debt or judgment, the Wisconsin Consumer Act may add further claims. We'll evaluate every angle.
Talk to a Wisconsin Tenant Screening Attorney
If a tenant screening error cost you an apartment, call 414.377.0515 or contact us online for a free consultation. Learn more on our main background check errors page.
Frequently Asked Questions
A landlord denied me but won't tell me why. What can I do?
If the denial was based on a screening report, the landlord must give you an adverse action notice identifying the company that supplied it. You can then request the report and dispute any errors. If you're not getting the notice, we can help.
The eviction on my report isn't mine. Is that a violation?
If a screening company reports an eviction that belongs to someone else, or reports a case you actually won as if you lost, and fails to correct it after you dispute, that can violate the FCRA and give you a claim for damages.
How long do I have to file?
FCRA claims have a limited filing window measured from when you discovered the violation. It's best to talk to a lawyer promptly.
This page is for general information and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your situation, consult a licensed Wisconsin attorney.