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!

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.

Hannah Liu · Answer

Thank you Richard for the advice! Really appreciate it!