Louisiana Tenant Background Check

What Background Checks Cover

You want to make informed decisions when selecting a tenant for your rental property. When running a tenant background check, you can expect to find key pieces of information:

Criminal history: Louisiana law permits landlords to check the criminal history of their applicants, provided the applicant gives their consent. Louisiana landlords are unable to use the following in decision-making:

• Arrests
• Criminal charges that did not result in a conviction
• Juvenile, vacated, expunged, or sealed records
• Non-violent misdemeanor convictions
• Violent misdemeanor or non-violent felony convictions, 3+ years old
• Violent felony convictions 5+ years old

Credit history: Credit checks provide a clear picture of an applicant’s financial background. A credit check typically includes information such as:

• Credit score
• Open lines of credit
• Recent credit inquiries
• Debt in collections is an important piece of information, as it can be an indicator of financial instability

Eviction history: TurboTenant checks 27M+ eviction records, covering all 50 states and the District of Columbia. Reports include failure to pay rent, judgments, unlawful detainers, writs of eviction, and more.

Rental history: Previous addresses and landlord information provide insight into an applicant’s rental history.

Income verification: With TurboTenant Premium features, you can help ensure the applicant can afford your rental by comparing verified income data with self-reported income information.

References: Landlords can request and check references on the application form from past landlords, employers, and personal references.

Federal Tenant Background Check Laws

There are federal laws that relate to the tenant background check that Louisiana landlords must follow, including:

Fair Credit Reporting Act: You are required to obtain consent before running a background or credit check. If you deny an applicant, you must explain why in writing, citing the source of your information (Fair Credit Reporting Act).

Fair Housing Act: You cannot discriminate based on several protected classes, including race, color, religion, sex, national origin, or familial status. The law prohibits discrimination based on these protected classes (Fair Housing Act).

HUD Guidelines: HUD guidelines suggest that blanket bans on all applicants with a criminal history likely violate the Fair Housing Act. You should consider the nature, severity, and timing of the crime, taking into account the safety of your other tenants and/or neighbors (US Department of Housing and Urban Development).

Louisiana Laws

In addition to federal laws, it is essential to stay up-to-date on state laws that pertain to landlord-tenant rights.

Criminal history: There is generally a 7-year lookback period for criminal history; however, there are no laws that state Louisiana landlords can’t look back further, especially for a serious or dangerous crime.

Fair Chance Housing: Louisiana landlords may not require a rental application fee unless they give written notice to an applicant outlining whether they consider criminal history in the rental application process (La. R.S. § 9:3258.1).

State-specific Fair Housing additions: Louisiana also prohibits discrimination based on natural, protective, or cultural hairstyles (La. Rev. Stat. § 51:2606). In Orleans Parish, fair housing laws protect applicants against discrimination due to sexual orientation and gender identity.

State-level notices/disclosure requirements: Section 1018 of Title X says Louisiana landlords must disclose rental application fee information and the known presence of lead-based paint.

They must inform tenants about rights concerning foreclosure actions and provide details regarding any ongoing foreclosure (La. Rev. Stat. § 9:3260.1).

Reusable Tenant Screening Reports: The law surrounding reusable tenant screening reports continues to evolve. Be sure to review all federal, state, and local laws before accepting.

Red Flags to Watch Out For

Once you have your tenant background check, Louisiana landlords need to know what to look for. Here are some red flags that can be indicative of a tenant who may not be a good fit for your rental property:

Late payments or collections: This may suggest difficulty paying bills on time or financial instability, both red flags in a potential tenant

History of evictions: Being forced out of a home can indicate a prior history of nonpayment of rent or difficulty following a lease

Unverifiable income: Can indicate untruthfulness or potential difficulty affording the rental

Inconsistent rental history: Frequent residence changes can indicate a history of rental difficulties or instability

Criminal charges: You should always follow all federal and state laws, but consider all criminal convictions (especially violent or dangerous crimes) carefully, for neighbor safety

How To Legally Run a Background Check

Use TurboTenant to conduct your tenant background screenings, taking the following steps to screen for a quality tenant:

1. Obtain written consent to perform a tenant background check.
2. Use a verified tenant background check service through TurboTenant.
3. Verify the applicant’s identity and Social Security number to ensure they match the information provided on the application form.
4. Review the reports once they arrive.
5. Check for evictions or criminal history in the background reports, ensuring compliance with all applicable federal and state laws.
6. Evaluate based on consistent criteria for all applicants, following HUD guidelines and state laws.
7. Send an Adverse Action Notice with all required information under the Fair Credit Reporting Act if rejecting an applicant.
8. Use TurboTenant to streamline this entire process, making it quick and easy from start to finish.