Do I need tenant's written consent before calling their previous landlord?

Question

Hey fellow landlords and leasing managers! I have a question around background check.

Do I need a signed consent form from my tenant before calling their previous landlord for a reference check in Texas? My leasing agent insists we do, but my understanding is that written consent is only required for formal background/credit checks (FCRA), not for a simple phone call to a previous landlord. The tenant already provided their previous landlord's contact info on the application through Zillow. Am I right or is my agent correct? Thanks!

Jim Johnson · Answer

My understanding is similar, but I'd still defer to your attorney or local legal guidance on the specific requirements in Texas.

From an operational standpoint, we generally treat the application as the applicant's authorization to contact the references they've provided. Even so, we make sure our application clearly states that previous landlords, employers, and other references may be contacted as part of the screening process.

Having that language in writing helps set expectations and avoids confusion later, even if it's not strictly required in every situation.

Theresa Harris · Answer

See this is where I find it interesting. If they give you the previous landlord's name and contact info, to me that implies you can contact them.

Alyssa Marquez · Answer

It depends on your state. If the applicant lists their previous landlord as a reference, that generally implies permission to contact them. Even so, it's best to include a written authorization in your rental application allowing you to verify rental history and references. If you're using a third-party screening service, make sure you comply with the FCRA and applicable state laws.

Alyssa Marquez · Answer

I believe you're generally right. In Texas, you typically don't need separate written consent just to call a previous landlord for a reference if the applicant provided their contact information on the rental application. Written authorization is generally required for credit and background checks under the FCRA. Your agent may simply be following a brokerage policy that's more conservative.

Ronald Rohde · Answer

We can advise if you want a legal opinion!

Ryan Spath · Answer

Not familiar with your specific state laws but as a general rule of thumb yes. It is always a good practice to get permission. I know alot of people do not do this (mom & pop) but generally speaking it is a good practice to have.

Hannah Liu · Answer

Exactly, Theresa that's why I find it a bit confusing!

Thanks everyone for your input. I was able to get consent from the potential tenants, but unfortunately the previous landlord only verified that they had lived there and didn't answer any of my questions. I guess it's common that property managers aren't motivated to answer questions about tenants who have already moved out?

Drew Sygit · Answer

Legally, yes, although many mom & pop landlords don't follow the law.

Richard F. · Answer

Typically, your application has a "release and authorization" section for applicants to sign, giving you permission, and more importantly, providing proof to creditors/others that they have permission to give out personal information. If Zillow does not provide a copy of that, you should have your own. It is more likely the person you are requesting info from would deny you without a written authorization. I never would provide info without it...I always required written request and questions. I would respond, while keeping a dated and completed copy in the tenant file.

Do I need tenant's written consent before calling their previous landlord?

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