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A COMMON LANDLORD MISTAKE WHEN DENYING APPLICANT Could Cost You Thousands (First of Several Articles On This Subject)

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Rebekah Near is the owner and CEO of a Tenant and Employment screening company in the Northwest. 

Every day in my office at Orca information, Inc. I overhear my Background Investigators talking on their phones with rental or employment applicants.  Often the conversation is centered around Adverse Action - usually a denial of tenancy or employment, a landlord or employer has taken against them.  What is the first question my Background Investigators ask the applicant who has called in for help from Orca?  “Have you received your Adverse Action letter from the landlord?”  Concernedly, more often than not, the applicants tell us, “No, I have not yet received the Adverse Action letter from my Landlord (or employer).”


Next question for the Applicant asked by my Background Investigator is, “How did you find out you were denied tenancy (or employment)?”  Answer is usually, “The Landlord called me and told me I do not qualify and if I want to know why, call Orca.”  Or, another common answer we hear from an Applicant is, “The Landlord called me and told me I do not qualify because of past evictions.  So, I am calling you to find out why exactly I was denied.” 


A question to you the reader:  Does the above scenario resonate with you?  Do you have written policies in place for your staff specifically for taking Adverse Action against an applicant?  THERE ARE LAWS that clearly define the process of taking Adverse Action.  When those laws are not followed, it opens you up to expensive lawsuits.  I don’t know about you but I vehemently dislike lawsuits. 


For the sake of keeping each article short and sweet, I will write several explaining step by step - how to take Adverse Action towards an Applicant.  This includes a denial of tenancy.  For now, keep in mind that the FIRST step in taking Adverse Action is to find the document your screening company is required to provide.  It is titled, CONSUMER RIGHTS.  Then fill in the lines reflecting reasons why the applicant did not qualify for the rental or manufactured home and get it to them quickly.  Following up with a call or emailing them is great too!  But this CONSUMER RIGHTS letter should be the FIRST INFORMATION THEY RECEIVE ANNOUNCING THEIR (POTENTIAL) DISQUALIFICATION. 


……to be continued


Rebekah Near is the owner and CEO of a Tenant and Employment screening company in the Northwest.  Orca Information, Inc was established in 1993.  Check out our FREE training videos at We take great pride in deep diving into court records, and cross-referencing documents to find possible discrepancies in information applicants provide.  We blend the new information technologies and the old, little-known investigative techniques to discover if an applicant has been “naughty or nice” therefore doing our part to help you protect your assets!  Rebekah Near is not an attorney and the above is not legal advice.  Seek an attorney for legal advice regarding all information and/or forms before utilizing. 

Rebekah Near