Many landlords keep sloppy records or don't get the tenant's signed authorization to run credit checks. The rules are getting more strict about when you can run credit, who is authorized to run credit, and how that information can be used:
When You Can — You may only run reports on potential tenants that you are currently screening for a valid vacancy in a rental property that you own, manage, or are the agent for. You are also required to get that potential tenant's written authorization to run a credit report.
When You Cannot — It is illegal to run credit reports on yourself, family members, friends, or for any fraudulent purpose. Your account with the credit-checking agency will be immediately terminated in accordance with the Fair Credit Report Act (FCRA) guidelines if you do so. Failure to comply with the FCRA can result in very serious state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.
Once you have the credit report, you are not allowed to provide that report to the tenant. In practice, most landlords let the tenant see the report but I think that's a bad practice. The report is yours - you bought it - and you're using for a business purpose. Do that business and make a rental decision. Let the tenant know the outcome of the decision and leave it at that.
Finally, once you've approved or denied that tenant's application, since 2006, you're required to destroy that credit report immediately. But, don't forget to retain the rental application and record of running a credit check to protect against Fair Housing claims. You gotta love regulation!
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