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View Full Version : Landlord won't give a copy of credit report


supercoolman
Aug 25, 2010, 04:16 PM
I just found a job in California after I graduated as a Canadian citizen from University of Toronto. I was looking around for a 1 bedroom apartment to rent. I submitted a rental application to an apartment management agent. I don't have SSN yet since I hasn't live in US for more than 10 days after I got my VISA, but the agent charged me $45 for credit check and said that because I am Canadian, so I have to pay extra $10 when any normal US citizen pays $35 only. I requested a copy of the credit report on me before she charged me and she said no problem. Few hours after, she said my credit check shows that I'm good and they have accepted my rental application. I then requested a copy of my credit report, which she had used to accept my credit check, but she made an excuse said that credit report will only be available when her manager comes to work a few days after on a Monday in the afternoon. That's fine with me, I could come in on Monday to get the overpriced credit report. However, I found another place to rent at a reasonable price and canceled my application before that Monday. I think I am still entitled to get a copy of my credit report since they charged my $10 more just because I am a Canadian, but they made a second excuse saying that everyone including the manager doesn't have access to my credit report. What should I do now?

excon
Aug 25, 2010, 04:56 PM
What should I do now?Hello s:

Nothing. Yes, they made a verbal agreement to give you a copy, but other than that, they have no legal obligation for sharing that information with you. So, unless you want to sue them for $45, forget about it.

You CAN get a FREE copy of your credit report by visiting annualcreditreport.com.

excon

supercoolman
Aug 25, 2010, 06:48 PM
Hello s:

Nothing. Yes, they made a verbal agreement to give you a copy, but other than that, they have no legal obligation for sharing that information with you. So, unless you want to sue them for $45, forget about it.

You CAN get a FREE copy of your credit report by visiting annualcreditreport.com.

excon

Thanks for the info, but I don't have my SSN to get a free report on annualcreditreport.com at the moment, maybe in a few weeks. My friends told me about the civil act 1950.6.f at CA Codes (civ:1940-1954.1) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1) before I started looking for apartment, but I don't know if it applies here. Not that I want to sue them for the $45, but I do want to know if that extra $10 was a discrimination against me or a normal surcharge ONLY for Canadians, but not citizens from all other nations in this world? They also charged me another $500 for deposit before they check my credit report. I am concerned if charging me $545 before accepting my application was legal. I really want to get my premium priced credit report.




All in all, I have two questions.

1. Is it legal to charge me extra money and not showing me how much they spent out of their pocket for screening me and charge $500 as deposit before they screen me for my credit?

2. Am I entitled to get a copy of the credit report under California's Civil Act, which they used to claim that I have a good score for their acceptance of my rental application when I don't have SSN?

ScottGem
Aug 25, 2010, 06:51 PM
The law says you are entitled to a copy of your credit report if its used to refuse you credit. Since you were approved you are not entitled.

As for the extra fee, you agreed to pay it. They can set any fee they want.

excon
Aug 25, 2010, 06:59 PM
Hello again, s:

I'm sure it WAS discrimination. I don't know if being a Canadian puts you in a protected class of people. Only certain people are protected against discrimination in this country. I would say that national origin WOULD qualify you, but that's not my field of expertise. Other than that, they're allowed to charge whatever they want, and they can change prices with every prospect.

I think the MESSAGE they were giving you, is "we don't want no foreigners here".

I have NO idea how they did a credit check on you WITHOUT an SS. I think they kept the money and lied to you. That's not illegal either. Maybe they did the eyeball credit check. That's when you look at somebody in the eye to detect their creditworthiness. Yes, some even charge $45 for it - $55 for Canadians.

excon

Fr_Chuck
Aug 25, 2010, 07:35 PM
If there is a fee to get a out of nation credit report, ( and it may be) The issue here would be if they had refused, Also they are not required to give you a copy unless you were refused because of it.

supercoolman
Aug 25, 2010, 07:52 PM
The law says you are entitled to a copy of your credit report if its used to refuse you credit. Since you were approved you are not entitled.

As for the extra fee, you agreed to pay it. They can set any fee they want.



Thanks for clarification.

I've learned my lesson the hard way. Now I am trying to get that deposit back because they haven't refund me the deposit yet.