What to Do If Your Apartment Application Is Denied?

If your apartment application is denied, your first move is to get the reason in writing, because what you do next depends entirely on why you were turned down. A denial based on an inaccurate screening report can often be reversed in a few weeks. A denial that reflects real credit or income problems calls for a different strategy on your next application. And a denial that was actually discrimination opens a legal path with deadlines you need to know about. Here is what to do if your apartment application is denied, step by step.

Get the Reason in Writing

When a landlord rejects you based on a background check, credit report, or any other consumer report from a screening company, the Fair Credit Reporting Act requires them to send you an “adverse action notice.”¹ The notice can be delivered in writing, by phone, or electronically. Ask for it in writing so you can reference it later.

The notice must tell you three things: the name, address, and phone number of the screening company that provided your report; that you have the right to a free copy of that report if you request it within 60 days; and that you have the right to dispute anything inaccurate in it.² Keep this notice. Everything that follows starts from it.

One detail that surprises many applicants: “adverse action” is not limited to outright denial. If the landlord requires you to get a cosigner, pay a larger deposit, or accept higher rent than other applicants because of your screening report, those also count as adverse actions and trigger the same notice.²

If the landlord did not use a third-party screening report at all, the FCRA notice requirement does not apply. Ask the landlord directly, in writing, why you were denied. Some states require a written explanation; many do not, so the landlord may not be legally obligated to respond. The written request still signals that you are paying attention.

Common lawful reasons include a low credit score or accounts in collections, gross monthly income below the three-times-rent threshold most landlords apply, prior evictions or negative references from past landlords, and in some jurisdictions a criminal record. Fair chance housing laws in a growing number of states and cities limit how criminal history can be used, so what counts as a legal denial depends on where you are applying.

Dispute Errors on Your Screening Report

Screening reports are frequently wrong. Mixed files where someone else’s records land on yours, outdated eviction records, debts that are not yours, and criminal records belonging to a different person with a similar name are all common. If the error caused your denial, fixing it can get the landlord to reconsider.

Request Your Free Copy

Use the contact information from the adverse action notice to request a free copy of your report from the screening company that produced it. You have 60 days from the date of the adverse action to make this request at no charge.² Do not wait. The sooner you get it, the more time you have before the unit is leased to someone else.

The big three credit bureaus are not the only companies that may hold a file on you. The tenant screening industry includes specialized companies that maintain separate databases of rental history, eviction records, and criminal background information.³ The adverse action notice names the specific one the landlord used.

File the Dispute

Once you have the report, identify every inaccuracy and file a dispute directly with the screening company. You can usually do this online or by mail. Gather supporting documents first: payment receipts, court records showing a dismissed eviction, proof a debt was paid, or anything else that pinpoints the error. Specific evidence resolves disputes faster.

Under the FCRA, the screening company must investigate and either verify, correct, or delete the disputed information within 30 days of receiving your notice.⁴ If the company cannot verify the information, it must come off your file. The window can extend to 45 days in some cases, but 30 is the standard. Once the record is corrected, ask the screening company to send an updated report to the landlord who denied you.

When the Denial May Be Illegal

The Fair Housing Act makes it illegal for landlords to deny housing based on race, color, religion, national origin, sex, disability, or familial status. Familial status covers families with children under 18 and pregnant individuals; a landlord cannot refuse to rent because you have kids, impose special rules only on families with children, or steer you to a particular building because of family size.⁵ HUD has interpreted the sex protection to include sexual orientation and gender identity, based on the reasoning of the Supreme Court’s 2020 decision in Bostock v. Clayton County, though enforcement priorities can shift between administrations.⁶

Many states and cities add protections beyond the federal seven, commonly including source of income (which covers housing vouchers), age, marital status, and veteran status. Where source-of-income protections apply, a landlord cannot reject you simply because your rent is partially covered by a voucher. Check with your state or local fair housing agency to confirm what applies where you live.

Disability discrimination goes beyond refusing to rent. A landlord must consider reasonable accommodations, meaning changes to rules or policies that give a person with a disability equal opportunity to use and enjoy housing. Assistance animals are the most common example. If you have a disability-related need for one, a landlord with a no-pets policy must make an exception and cannot charge a pet deposit or pet fee for that animal.⁷ The landlord may ask for reliable information about your disability-related need if it is not obvious, but cannot demand details about the nature of your disability.

File With HUD, or Sue

You have two separate paths, each with its own deadline. You can file a housing discrimination complaint with HUD online, by mail, or by phone, providing your name and address, the landlord’s name and address, the property address, and a description of what happened and why you believe it was discriminatory.⁸ The deadline is one year from the date of the alleged discrimination.⁹ HUD assigns an investigator and may negotiate a resolution. If HUD finds discrimination and no settlement is reached, an administrative judge can award compensatory damages and impose civil penalties.¹⁰

You can also skip HUD and file a private lawsuit in federal or state court. The statute of limitations is two years from the date of the discriminatory act.¹¹ A court can award compensatory damages, injunctive relief such as ordering the landlord to rent to you, and punitive damages. Punitive damages are available only through a private lawsuit, not the HUD administrative process.¹⁰

Whichever path you consider, document everything from the start. Save emails, texts, and voicemails. Write down dates, times, and the substance of conversations while they are fresh. Note whether the landlord gave a reason and whether that reason changed over time. Inconsistent explanations are one of the strongest indicators of pretext.

Application Fees and Holding Deposits

Application fees are almost always non-refundable, since they cover the screening company’s charges and the landlord’s processing costs. A few states require refunds in specific situations, such as when the landlord collects a fee but never runs the screening. Read the fine print on the application before you pay.

Holding deposits are different. A holding deposit is money paid to take the unit off the market while your application is processed. Whether you get it back after a denial depends on the terms of the deposit receipt. Some specify a full refund if the landlord rejects you; others let the landlord keep part or all of it. Get the deposit terms in writing before you hand over any money, and keep a copy.

Strengthen Your Next Application

If the denial was based on accurate information, the most productive thing is to address the underlying problem before applying elsewhere. Otherwise you will apply to place after place with the same weak spot in your file and lose non-refundable fees each time.

Pull your credit reports from all three major bureaus through AnnualCreditReport.com and look for anything you can fix quickly: accounts incorrectly reported as delinquent, small collection balances you can pay off, or authorized-user accounts dragging down your score. If your income does not clear the three-times-rent threshold, consider less expensive units where it does, or prepare documentation of income sources (freelance work, for example) that may not show up on a standard verification.

A cosigner or guarantor can bridge gaps in credit, income, or rental history. The two are not interchangeable. A cosigner shares responsibility for rent from day one and can sometimes live in the unit with you. A guarantor steps in only if you default and typically does not live in the apartment. Landlords generally expect either person to have strong credit and stable income. If you do not have a friend or family member who qualifies, third-party guarantor services will guarantee your rent for a fee.

A strong reference letter from a previous landlord, employer, or professional contact can offset concerns about your history. The most effective letters include specifics: how long the person has known you, whether you paid on time, how you treated the property, and a clear recommendation. If your rental history has a rough patch, a letter that acknowledges it honestly and shows your track record since then carries more weight than one that ignores it. Some landlords will also accept a letter of explanation from you directly, particularly if you can document extenuating circumstances like a medical emergency or job loss that has since been resolved.

Where local law allows it, offering a larger security deposit or several months of prepaid rent can reassure a hesitant landlord. Not every landlord will accept this, and some jurisdictions cap the security deposit a landlord can collect. Mention the offer early rather than as a last resort; it reframes the conversation from risk to commitment.

1
Federal Trade Commission. Using Consumer Reports: What Landlords Need to Know
2
Consumer Financial Protection Bureau. What Should I Do If My Rental Application Is Denied Because of a Tenant Screening Report?
3
Consumer Financial Protection Bureau. List of Consumer Reporting Companies
4
Office of the Law Revision Counsel. 15 U.S. Code 1681i – Procedure in Case of Disputed Accuracy
5
U.S. Department of Justice. The Fair Housing Act
6
U.S. Department of Housing and Urban Development (HUD). HUD to Enforce Fair Housing Act to Prohibit Discrimination on the Basis of Sexual Orientation and Gender Identity
7
U.S. Department of Housing and Urban Development (HUD). Assistance Animals
8
U.S. Department of Housing and Urban Development (HUD). Report Housing Discrimination
9
Office of the Law Revision Counsel. 42 U.S. Code 3610 – Administrative Enforcement
10
Administrative Conference of the United States. Enforcement Procedures Under the Fair Housing Act
11
Office of the Law Revision Counsel. 42 USC 3613 – Enforcement by Private Persons