Are there any laws governing the use of tenant background checks?

In Tennessee, the laws governing the use of tenant background checks depend upon the type of rental property and how it is owned. For single family homes and duplexes, the landlord is not required to conduct tenant background checks. However, for buildings that contain three or more rental units and for rentals that are managed or owned by a property management company, a landlord must conduct tenant background checks and must comply with Tennessee’s fair housing statutes. The Tennessee Human Rights Act forbids landlords from refusing to rent on the basis of race, color, religion, sex, familial status, national origin or disability. Additionally, landlords must not use criminal records or credit scores as a criterion for refusing to rent. They must take into account the length of time that has passed since the conviction and the relevance of the offense to the tenancy. If they decide to deny a tenant based on their background check, the landlord must provide written notice and explanation of the decision to the tenant. It is important to note that landlords may still run background checks on potential tenants in Tennessee and can use the results as a guideline when making their decision. However, they must also take into consideration other factors like rental history, references, and income. Additionally, the landlord must ensure that they have a legitimate business purpose for conducting tenant background checks, such as protecting their property or ensuring the safety of other tenants.

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Are there any laws governing the use of tenant background checks?

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