Louisiana Tenant Screening Part Two: Legal Duties and a Practical Landlord Checklist

Thorough screening can reduce rental risk, but more information is not always better. The strongest process collects information for a legitimate rental purpose, uses reliable sources, applies written standards consistently, and gives applicants the protections required by law.

This is the second article in our Louisiana tenant screening series. Part One explains what basic reports may miss and how independent verification can help. This article focuses on compliance, decision making, and what a landlord should do before and after ordering a screening report.

What laws affect tenant screening in Louisiana?

A Louisiana landlord’s screening process may be affected by several bodies of law. The two federal laws most likely to govern ordinary screening decisions are the Fair Housing Act and the Fair Credit Reporting Act. Louisiana lease and eviction law becomes especially important after a tenancy begins or when possession must be recovered.

The Fair Housing Act

The federal Fair Housing Act prohibits housing discrimination because of race, color, national origin, religion, sex, familial status, or disability. Screening criteria and procedures should be relevant to tenancy, transparent, and applied consistently. A neutral looking policy can still create legal risk if it unjustifiably produces a discriminatory effect.

Review HUD’s Fair Housing rights and obligations. Louisiana landlords involved in affordable housing programs can also consult the Louisiana Housing Corporation for program specific resources.

Criminal record policies deserve particular care. An arrest alone does not establish that an applicant committed an offense. Blanket exclusions and criteria unrelated to actual tenancy risk may create fair housing concerns. Landlords should obtain legal guidance when developing or revising a criminal history policy.

The Fair Credit Reporting Act

The Fair Credit Reporting Act, commonly called the FCRA, may apply when a landlord obtains a tenant screening report from a company that regularly assembles or evaluates consumer information for housing decisions. The label placed on the service does not control. A report prepared by a private investigator may be a consumer report when it meets the law’s definition.

Before ordering a consumer report, the landlord must have a permissible purpose and must certify required information to the reporting company. The screening provider may also require written applicant authorization as part of its compliance process. Landlords should use clear written consent and disclose the categories of screening that may be performed.

Read the FTC’s guidance for landlords using consumer reports.

Louisiana lease and eviction law

Screening does not eliminate every risk. If a tenancy later ends because of nonpayment, expiration, or another lawful reason, Louisiana requires the landlord to follow the applicable lease and eviction procedure. Self help measures can create serious liability.

Louisiana Code of Civil Procedure Article 4701 generally addresses written notice to vacate and provides a period of not less than five days, subject to its terms and any valid written waiver contained in the lease. The proper procedure depends on the lease and facts. Read Louisiana Code of Civil Procedure Article 4701.

What is an adverse action in tenant screening?

An adverse action is not limited to denying an application. If a consumer report influences the decision, adverse action can include requiring a cosigner, increasing the security deposit, charging higher rent, or imposing another less favorable term.

The landlord must provide an adverse action notice containing the name, address, and telephone number of the consumer reporting agency; a statement that the agency did not make the decision and cannot provide the landlord’s reasons; and notice of the applicant’s right to dispute inaccurate or incomplete information and obtain a free copy of the report from the agency if requested within 60 days.

The FTC explains that the notice may be oral, written, or electronic. A written notice is generally easier to document and apply consistently.

A practical Louisiana tenant screening checklist

1. Establish written rental criteria before accepting applications

• Identify the income, rental history, occupancy, credit, and other legitimate requirements.
• Make each criterion specific enough to apply consistently.
• Review the criteria for fair housing concerns.
• Decide in advance how conditional approvals, cosigners, and additional deposits will be handled.

2. Use one complete application process

• Request the same categories of relevant information from similarly situated applicants.
• Explain what supporting documents are required.
• State that material representations may be independently verified.
• Avoid questions that seek protected characteristics or information unrelated to tenancy.

3. Obtain proper authorization

• Secure written authorization appropriate to the reports and verification requested.
• Provide required disclosures.
• Certify the permissible housing purpose to the reporting provider.
• Do not reuse information for an unrelated purpose.

4. Verify identity before matching records

• Compare full name, prior names when lawfully requested, date of birth, and address history.
• Do not rely on a name only match.
• Resolve conflicting identifiers before attributing a public record to the applicant.

5. Independently verify material representations

• Confirm that the employer or business exists.
• Use independently located contact information when feasible.
• Confirm that a prior landlord or manager is connected to the stated property.
• Compare income figures, dates, addresses, and reference responses for material conflicts.

6. Evaluate records in context

• Distinguish a filing from a final judgment.
• Confirm the outcome and current status when available.
• Consider the age, relevance, reliability, and legal reportability of information.
• Allow the applicant to explain a material discrepancy or possible mismatch.

7. Document the decision

• Record which written criteria were applied.
• Retain appropriate documentation showing the basis for the decision.
• Provide an FCRA adverse action notice when required.
• Keep the investigator or reporting agency’s contact information available for the notice.

8. Secure and dispose of applicant information

• Limit access to people with a legitimate need.
• Protect electronic and paper records from unauthorized access.
• Follow a written retention policy.
• Dispose of consumer report information securely when retention is no longer required.

The FTC provides separate guidance on the Disposal Rule for consumer report information.

Balancing rental risk with fairness

Good screening is not designed to find a reason to reject every applicant. It is designed to answer a narrower question: Does this applicant satisfy the landlord’s lawful rental criteria based on information that is relevant, accurate, and sufficiently verified?

This approach also protects qualified applicants. It reduces the chance that an innocent person will be rejected because of a database mismatch, an outdated filing, a former landlord’s unsupported accusation, or a misunderstanding that could have been resolved.

Why preventive due diligence can save money

Rental loss is rarely limited to one missed payment. It may include court costs, repair expenses, legal fees, management time, lost rent during vacancy, and the cost of preparing the property for a new tenant. Louisiana’s eviction process also requires legal steps and time after the right of occupancy has ended.

A layered screening process cannot guarantee performance, but it can reduce avoidable uncertainty before the landlord transfers possession.

Can a private investigator help after a tenant leaves owing money?

Yes. Depending on the assignment and applicable law, a licensed investigator may assist with skip tracing, locating a former tenant, identifying current contact information, researching public records, or gathering information for counsel and a legal proceeding. An investigator does not issue a judgment, garnish wages, seize assets, or replace the judicial collection process.

Louisiana landlords should preserve the lease, payment ledger, notices, repair records, photographs, correspondence, forwarding information, and judgment documents. Better records make both the locate investigation and any lawful collection effort more effective.

Frequently asked questions

Does the FCRA apply when a landlord hires a private investigator?

It can. If the investigator or company regularly assembles or evaluates consumer information and provides it for a housing eligibility decision, the resulting report may be a consumer report. The facts and the nature of the service matter more than the job title.

Must a landlord give notice after denying an applicant?

If the denial or another unfavorable term is based in whole or in part on a consumer report, the FCRA requires an adverse action notice. The notice duties can also apply to requiring a cosigner or a larger deposit.

Can a landlord automatically reject anyone with an eviction filing?

An eviction filing alone does not prove fault or establish a final judgment. Automatic policies can create accuracy and fair housing concerns. A landlord should verify identity, disposition, relevance, and applicable legal restrictions before relying on a record.

Can a private investigator guarantee that a tenant will pay?

No. Screening reduces uncertainty; it cannot predict every job loss, emergency, dispute, or future decision. The investigator’s role is to verify relevant information and report supported findings.

Request Louisiana tenant screening assistance

St. George Investigations assists Louisiana landlords, property owners, and counsel with lawful verification, public record research, rental history investigation, skip tracing, and related due diligence. The scope of each assignment is tailored to the rental criteria, available authorization, and applicable law.

Contact St. George Investigations to discuss a tenant screening or locate assignment.

---

This article provides general educational information and is not legal advice. Screening requirements depend on the service used, the information reported, the housing program, and the facts of the transaction. A Louisiana landlord should consult qualified counsel about a specific legal question.