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!

Marc Winter · Answer

@Hannah Liu, here's a simple, general clause that can be used at the end of the application form. Keep in mind, I am a real estate broker, not an attorney; this is not legal advice, so check with your counsel before using:

AUTHORIZATION TO VERIFY INFORMATION AND OBTAIN CONSUMER REPORT

Applicant authorizes the Landlord, Property Manager, and/or their authorized agents to contact and obtain information from any current or former landlords, employers, personal references, financial institutions, or other references listed or identified in this application for the purpose of verifying the information provided and evaluating Applicant’s qualifications for tenancy.

Applicant further authorizes the Landlord, Property Manager, and/or their authorized agents to obtain a consumer credit report and/or tenant screening report in connection with this rental application, as permitted by applicable law.

Applicant certifies that the information provided in this application is true and complete to the best of Applicant’s knowledge.

Applicant understands that incomplete or inaccurate information may be grounds for denial.

Applicant Signature: ______________________________

Printed Name: ___________________________________

Date: __________________

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.

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

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

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