You’ve got a promising rental application in front of you. The income checks out, the references sound fine, and you’re ready to move forward — but you still don’t know if this person has a criminal record you should be aware of. That’s where a criminal background check for tenants comes in, and it’s one of the most misunderstood steps in the whole screening process.
Landlords aren’t lawyers, and most small owners running one to four units have never been trained on FCRA compliance or fair housing rules around criminal history. The good news: running a criminal background check for tenants correctly isn’t complicated once you know the order of operations — get consent, pull the report, apply your criteria consistently, and document what you did.
This guide walks through exactly how to do a criminal background check for tenants, what a report actually shows, and how to pair it with a tenant credit check and eviction history check for tenants so you get the full picture before you hand over the keys.
This article is for informational purposes only and does not constitute legal or tax advice. Laws vary by state. Consult a qualified attorney or tax professional for advice specific to your situation.
Why Landlords Run Criminal Background Checks
A criminal background check for tenants exists to answer one practical question: is this person likely to be safe to have living in your building, near your other tenants, and around your property? For a small landlord managing a duplex or a single rental home, that’s not an abstract concern — it’s personal. You may live nearby, share a driveway, or manage the property yourself without an on-site staff to handle problems.
What a Background Check Can (and Can’t) Tell You
A criminal background check for tenants typically returns county, state, and sometimes federal criminal records, along with sex offender registry status. It will not automatically tell you why something happened, whether it’s still legally relevant, or whether local law even allows you to consider it. That context matters as much as the record itself.
Is It Legal to Run a Background Check on a Tenant?
Yes, in the great majority of jurisdictions, but with real limits. Some cities and counties restrict how far back you can look or whether you can ask about criminal history at all before a conditional offer. According to Nolo’s overview of tenant credit and background checks, landlords are subject to the Fair Credit Reporting Act during the tenant screening process, and many states don’t prohibit landlords from considering applicants’ criminal histories outright — though landlords must still apply that consideration carefully and consistently. Before you run a criminal background check for tenants in your area, check your city and state rules — they vary more than most landlords expect. If you’d rather get the documentation habit locked in now, you can always generate your free rent receipt at FreeRentReceipt.com to see how the rest of your paper trail will work once a tenant is approved.
Getting Consent: The Background Check Consent Form
You cannot legally pull a criminal background check for tenants — or a credit report — without the applicant’s written permission. This is where the background check consent form comes in, and skipping it is one of the fastest ways to expose yourself to liability.
What the Consent Form Must Include
A background check consent form should clearly state what you’re checking (criminal history, credit, eviction records, or all three), name the reporting agency you’ll use if known, and include a dated signature. Keep this document with the rest of the applicant’s file — you’ll want it on hand if a dispute ever comes up.
FCRA Requirements for Landlords
Legal note: The Fair Credit Reporting Act (FCRA) governs how landlords collect, use, and act on background and credit reports, and applies on top of any state or local tenant screening laws. This section is general information, not legal advice — confirm your specific obligations with an attorney.
Under the FCRA, you need signed consent before ordering a report, and if you deny an applicant or charge them more because of what’s in it, you’re required to send an adverse action notice. As the CFPB explains in its guidance to landlords on tenant notification requirements, when landlords use information from a consumer report — like a rental background check — against a tenant, the FCRA requires them to tell the tenant of the decision and how to contact the company that created the report. Skipping this step is a common — and avoidable — compliance mistake for small landlords who are new to screening.
How to Run a Criminal Background Check, Step by Step
- Collect a signed background check consent form from the applicant before ordering anything.
- Choose a tenant screening service that reports FCRA-compliant criminal, credit, and eviction data.
- Order the report using the applicant’s full legal name, date of birth, and any prior addresses you have.
- Review the results against a written screening standard you apply to every applicant the same way.
- Send an adverse action notice if you deny the applicant based on what the report shows.
Choosing a Screening Service
Look for a service built specifically for landlords rather than a general consumer background check site. Landlord-focused services are more likely to bundle a criminal background check for tenants together with credit and eviction data in one report, which saves you from juggling three separate logins and three separate fees.
What Shows Up on a Criminal Record Report
Expect county and statewide criminal records, felony and misdemeanor convictions where reportable, and sex offender registry status. Arrests without conviction are treated differently depending on your state, and some records age off reports entirely after a set number of years.
Turnaround Time and Cost
Most criminal background checks for tenants return results within minutes to 24 hours. Many landlords pass the cost — typically $25 to $50 — on to the applicant as part of the application fee, though some states cap what you can charge, so confirm the limit where your property sits.
Rounding Out the Picture: Credit and Eviction History
A criminal background check for tenants tells you about safety risk. It doesn’t tell you whether someone pays rent on time or has been evicted before. That’s why most experienced landlords never run just one report — they run all three together as a package.
What a Tenant Credit Check Adds
A tenant credit check shows payment history, existing debt, and whether the applicant has filed for bankruptcy — it can reveal whether someone has ever filed for bankruptcy, fallen behind on rent or other bills, or been involved in a prior lawsuit such as a personal injury claim. For a small landlord who can’t easily absorb a missed month of rent, that’s often just as important as the criminal record.
Why an Eviction History Check Matters
An eviction history check for tenants pulls court filings related to prior eviction cases, even ones that didn’t result in an actual move-out. A pattern of eviction filings — even dismissed ones — can be a useful signal when you’re comparing multiple applicants for the same unit.
Weighing All Three Reports Together
Run the criminal background check for tenants, the tenant credit check, and the eviction history check together, and apply the same written standard to every applicant’s combined results. Consistency here isn’t just good practice — it’s your best protection if a denied applicant ever challenges your decision.
Fair Housing Compliance When Screening
Every part of this process needs to be applied the same way, every time, for every applicant.
Applying the Same Standard to Every Applicant
Write down your screening criteria before you start reviewing applications — for example, what kind of conviction disqualifies an applicant and how many years back you look. Then use that exact standard for everyone. Inconsistent application, even unintentional, is where landlords run into fair housing trouble.
Fair Credit Reporting Act Guidance on Screening Reports
Because tenant screening reports can contain errors, the CFPB’s guidance on reviewing rental background checks confirms that the FCRA gives applicants rights to dispute mistakes, and landlords are required to tell an applicant if they were denied a lease or charged a higher fee because of information in that report. Building that disclosure step into your process from day one keeps you compliant and gives applicants a fair chance to correct any errors before you finalize a denial.
What to Do After the Background Check
Once you’ve reviewed the criminal background check for tenants alongside the credit and eviction reports, it’s decision time.
Approving or Denying an Applicant
If you’re approving, move forward with the lease. If you’re denying based on any part of the report, send the required adverse action notice and keep a copy for your records. Never make this decision verbally only — put it in writing.
Documenting the Decision
Keep the signed consent form, the report itself, your written screening standard, and any adverse action notice together in the applicant’s file. If you ever need to verify how a decision was made, you’ll want that full paper trail in one place — the same instinct you already need once a tenant moves in and rent starts coming due. Once an applicant is approved, track every payment from day one with a free rent receipt, so you’re never scrambling for proof of payment down the line.
Screening is really just the first chapter of a documentation habit that should run for the entire tenancy. If you haven’t nailed down your process for verifying income or collecting a complete rental application, those are worth locking in alongside your background check process — and if you want the fair housing side of screening spelled out plainly, our guide to protected classes under fair housing law is a good companion read.
Good screening habits pair naturally with good record-keeping practices once a tenant moves in, and it’s worth knowing how rent receipt requirements vary by state so your documentation holds up if it’s ever questioned.
For more rental management advice, browse our Landlord Tips category. For receipt templates, documentation help, and proof-of-payment guidance, explore our Rent Receipts category.
A thorough criminal background check for tenants protects you, your property, and your other tenants — but it only works if it’s paired with consistent follow-through afterward. That means the same screening standard for every applicant, a documented decision either way, and a system for tracking everything that happens once the lease is signed. Once you’ve approved a tenant, document rent payments automatically — try the free generator and keep that paper trail going from the very first payment.
FAQ
Is it legal to deny a tenant based on a criminal record? In most places, yes, if applied consistently and in line with local law. Some cities restrict how or when you can consider criminal history, so check local rules before denying an applicant on that basis alone.
How far back can a landlord check criminal history? It depends on your state and the reporting company. Many reports only include records within the FCRA’s standard reporting windows, though some states set their own shorter limits for older convictions.
Do I need written consent to run a background check? Yes. A signed background check consent form is required before you can legally pull a criminal, credit, or eviction report on any applicant.
What’s the difference between a credit check and a background check? A tenant credit check covers payment history and debt. A criminal background check for tenants covers criminal and sex offender registry records. Most landlords run both together.
How much does a tenant background check cost? Typically $25 to $50 per applicant, often passed on as part of the application fee. Some states cap how much you can charge, so confirm your local limit.
Can I use one screening service for all three reports? Most landlord-focused screening services bundle criminal, credit, and eviction history into a single report, which is usually faster and cheaper than ordering three separately.
What happens if I deny an applicant based on the report? You must send an adverse action notice explaining the decision and how to contact the reporting company, per FCRA requirements.
