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Screening and Lease Disclosures

Adverse action in screening

When a landlord runs a consumer report, federal credit law follows. The FTC's landlord guidance defines adverse action as any action unfavorable to the applicant, expressly including requiring a co-signer, requiring a larger deposit, or charging higher rent — not only denial. Under 15 U.S.C. § 1681m(a) the notice is required whenever the action rests even in part on a consumer report. The trap is assuming an approved applicant needs no notice.

What the notice must contain

The notice may be oral, written or electronic, but must carry specific content, so a verbal mention of the score does not satisfy it. It must give the consumer reporting agency's name, address and telephone number, state that the agency did not make the decision and cannot give the specific reasons, and tell the consumer of the right to dispute accuracy with the agency and to a free copy of the report if requested within 60 days.

Sixty days is the tested figure — not the 30-day deposit rule or the 90-day undeliverable-deposit rule. The landlord gives the notice automatically; the applicant never has to ask in writing.

Georgia's landlord identity disclosure

Georgia rule: O.C.G.A. § 44-7-3 requires written disclosure, at or before the start of the tenancy, of the names and addresses of the owner of record or the person authorized to accept service and notices, and of the person authorized to manage the premises, with changes given within 30 days. A person who signs for the owner and fails to disclose becomes the owner's agent for service of process and for performing the landlord's obligations.

Flooding and lead

Georgia rule: under O.C.G.A. § 44-7-20, if flooding has damaged the living space at least three times in the five preceding years, the owner or agent must notify the prospective tenant in writing before signing. Oral notice at the walk-through fails; requiring flood insurance is no substitute. Failure makes the owner liable in tort for the tenant's personal property flood damage during the term.

Federal lead disclosure under 40 CFR 745.101 exempts zero-bedroom units, housing certified lead-free, renewals with no new information, and leases of 100 days or less with no possible renewal. Repainting with lead-free paint is the trap: painting over lead paint does not make housing lead-free.

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