In order to prevent identity theft landlords, and the real estate brokers who represent them, must protect a tenant’s private information. The information on applications, a tenant’s employer, bank account numbers, credit history, social security number and previous addresses are all valuable to identity thieves and the landlord is responsible for keeping that information protected.
Federal law requires landlords to take reasonable steps to dispose of sensitive information obtained from credit reports and reports related to tenant history or employment. Per the “Disposal Rule” of the Fair and Accurate Credit Transactions Act, (known as the FACT Act), landlords must keep the information in a locked cabinet, dispose of the information when they no longer need it, establish a system for purging their paper and electronic files, and use an effective method (such as a shredder) to destroy paper documents. Computer files should be destroyed with a utility that will “wipe” the data completely, by deleting the text and the directory.
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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.