Washington Tenant Background Check
Screening rental applicants in Washington state requires more than just your intuition. Landlords should run a thorough Washington background check to take a glimpse into an applicant’s rental history, financial picture, and any red flags from past tenancies.
In Washington, landlords often review criminal records, eviction filings, and credit history when selecting tenants. They may also verify income or employment. Obtaining this information will help you make informed decisions. But you must understand which data you can use.
This guide will explore the types of background checks Washington landlords commonly use, why screening reports help protect your rental investment, and what legal considerations you must consider when reviewing background checks.
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Washington Landlord-Tenant Law: 2024 Overview of Rights
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What Background Checks Cover
When conducting a tenant background check, Washington landlords gain access to several crucial bits of data, such as:
Criminal history: Washington allows landlords to review certain criminal records while screening, though state law limits how they can use this information. Background checks may include:
- Convictions for misdemeanors and felonies
- Sex offender registration
- Relevant court records
Important note: Washington law restricts the use of arrest records that didn’t result in a conviction and prohibits blanket policies that exclude applicants based on criminal history alone (RCW 59.18.257).
Credit history: Credit reports offer insight into a tenant’s financial habits, but landlords must follow the Fair Credit Reporting Act when handling this data. In Washington, a typical credit check may include:
- Credit score
- Active credit accounts
- Recent credit inquiries
- Outstanding debts in collections
While not a guarantee of future behavior, large debts or collections suggest that a tenant is not financially stable and may have trouble paying rent on time.
Eviction history: As part of a tenant screening, TurboTenant scours a nationwide database of over 27 million records, including data from Washington. Reports may reveal:
- Nonpayment of rent
- Court judgments for rent or possession
- Unlawful detainer filings
- Issued writs or warrants of eviction
By studying eviction records, Washington landlords can identify past rental issues that could lead to issues in the future.
Rental history: This background check section summarizes an applicant’s past rental addresses and may include former landlords’ contact details. For Washington landlords, rental history paints a picture of how consistently a tenant has maintained housing.
Income verification: Washington landlords who verify tenant income do so to ensure applicants can afford rent payments during their lease. TurboTenant’s Income Insights uses TransUnion data to compare reported income to ensure the numbers line up.
References: Washington landlords often request past references from applicants. References could be from previous landlords or employers, and their purpose is to glean information about the applicant’s character, communication skills, and reliability.
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Federal Tenant Background Check Laws
Tenant background checks involve sensitive personal data. Washington landlords must follow federal laws, such as the Fair Credit Reporting Act (FCRA), when accessing, using, and storing information during screening.
Fair Credit Reporting Act: Under the FCRA, landlords must get written permission from a tenant before running their background or credit check. If they deny an applicant based on the results of that report, they must provide an adverse action notice explaining the decision.
Fair Housing Act (FHA): The FHA prohibits landlords from discriminating based on race, color, religion, sex, national origin, or familial status. They must apply the same screening criteria to every applicant and cannot reject someone because they belong to a protected class.
HUD guidelines: The Department of Housing and Urban Development advises landlords not to use blanket bans on applicants with criminal records. To consider convictions, landlords must assess the offense’s nature, severity, and recency before making a rental decision.
Washington Laws
In addition to federal laws, Washington regulates how landlords run background checks. While screening tenants, landlords must follow the following state rules regarding disclosures, fees, and how they can use the results.
Criminal history: Washington landlords may consider criminal convictions when screening tenants, but they must also evaluate the nature, severity, and timing of the offense. Blanket denials based solely on criminal history are illegal under state law (RCW 59.18.257).
Fair Chance Housing: As mentioned earlier, Washington’s Fair Chance Housing laws restrict landlords from denying applicants based on criminal history alone. In Seattle, the Fair Chance Housing Ordinance further limits landlords from asking about most criminal history while making a rental decision, except for registered sex offender status, and only if the housing includes a shared kitchen or bathroom with the landlord or another tenant (SMC 14.09).
State-specific Fair Housing additions: Washington’s Law Against Discrimination (RCW 49.60) expands upon federal protections and includes the following additional protected classes: marital status, sexual orientation, gender identity, veteran or military status, and the use of a service animal (RHAWA).
State-level notices/disclosure requirements: Washington landlords must give written notice outlining screening criteria, the types of information they review, any costs associated with screening, and the name of any reporting agency used to obtain information. They must also state whether they accept reusable tenant screening reports (RCW 59.18.257).
Reusable tenant screening reports: Washington landlords don’t have to accept reusable screening reports but must clearly state so in writing. If they accept a portable report, they cannot charge the tenant to review it (RCW 59.18.257).
Red Flags to Watch Out For
After running a tenant background check, Washington landlords might spot patterns that raise concerns. While the following red flags don’t automatically mean someone will be a bad tenant, they give landlords a reason to investigate further.
Late payments or collections: If a tenant has late payments or accounts in collections, they may struggle to pay rent and/or utilities on time.
History of evictions: A record showing that an applicant has undergone a past eviction may indicate problems paying rent or upholding the terms of their lease. Washington landlords should review any prior evictions in detail.
Unverifiable income: If a landlord can’t confirm a Washington applicant’s income during a background check, it may raise concerns about honesty and reliability. Without clear proof of earnings, landlords risk renting to tenants who pay late (or never pay).
Inconsistent rental history: If a Washington applicant shows significant gaps or frequent moves in their rental history, it may point to instability or past issues with landlords.
Criminal charges: Washington landlords must follow state law and HUD guidelines when reviewing convictions, but a criminal history may predict potential problems down the line.
How To Legally Run a Background Check
Washington landlords should use TurboTenant to run tenant screenings and take the following steps to screen tenants wisely and stay compliant:
- Get written permission: Always collect signed consent before running any reports.
- Use a verified background check service: Use trusted platforms like TurboTenant.
- Verify identity and SSN: Confirm that the applicant’s personal information matches.
- Review reports: Read through credit, criminal, and eviction data carefully.
- Check for evictions or criminal history: Look for patterns that may signal future issues.
- Evaluate based on consistent criteria: Apply the same standards to every applicant.
- Send an adverse action notice: If you deny an applicant, explain why in writing.
- Use TurboTenant: Keep everything in one place with easy-to-use screening tools.
Washington Background Check FAQs
How do you do a Washington background check on a tenant?
To run a Washington tenant background check, get written consent from the applicant, then use a verified service like TurboTenant to screen them. Review credit, eviction, and criminal records, and follow all state and federal laws before making a rental decision.
What red flags should I look for on a background check?
Look out for unpaid debts, evictions, unverifiable income, or serious criminal convictions. While one issue alone may not disqualify a candidate, repeated problems can pose a higher risk of missed rent or lease violations.
Who pays for a Washington background check: the tenant or the landlord?
Most Washington landlords pass the background check fee to the tenant, which TurboTenant does automatically. Less frequently, some landlords opt to pay the screening fee themselves.
