Renting in America: the empty file, the deposit per state and the report you may see

Yes, you can rent in America without an American past, but you need to know how the landlord looks at you: not at your Dutch payslip, but at a report that is still empty about you. What it costs depends on the state, and that is the find at the source: in California and New York the deposit may by law be no higher than one month's rent, and the landlord must return it within 21 and 14 days respectively after you leave. The pitfall is the report itself: whoever is turned down and does not know they have a right to see it, misses the chance to have an error corrected.

What is in a tenant screening report?

American landlords have a tenant screening report drawn up by a specialised company. It can contain: your credit information, your rental history including eviction actions and lawsuits, a verification of your employer, your criminal history, a check against registers and a risk score based on criteria the landlord chooses. For a newcomer that report is largely empty, and a landlord reads empty as uncertain.

The law gives you something in return. If a landlord turns you down on the basis of such a report or of your credit report, they must tell you, give you the contact details of the company and point out your right to dispute the contents. If you ask for a copy within 60 days of the denial, it is free. Reports with outdated or mixed-up data happen; a denial is therefore not the end, but the moment to request the report and read it.

Why you start on credit in week one

A credit report is something else than the screening report: it is your payment history on loans and cards. It stands at zero, and you notice that with every next lease. You build it with a secured credit card (you deposit, say, $500 and may spend up to that amount) or a credit builder loan at a bank or credit union, usually running six to 24 months. What does not count: paying with your debit card, cash or a prepaid card, because you borrow nothing and prove nothing. How the first months go from there is in your first weeks in America.

How much deposit may a landlord ask?

That differs per state, and it pays to look up the law of your own state before you sign. Two large states as examples:

State	Maximum deposit	Return after moving out	Particulars
California	one month's rent, in addition to the first month's rent	within 21 calendar days, with an itemised statement	small landlords meeting certain conditions may ask two months
New York	one month's rent	within 14 days, with an itemised receipt for every deduction	no combination of deposit and last month's rent; in buildings with six or more units the deposit sits in an interest-bearing account
Denial based on a report (federal)	—	—	free copy of the report if you ask within 60 days

New York adds a handy right: before you move out you may ask for an inspection of the home, at which the landlord must say what needs repairing or cleaning, so you can do it yourself. If the landlord deliberately withholds the deposit in breach of the law, the court can award up to twice the deposit.

A higher deposit as "compensation" for your empty file is not allowed everywhere. In California and New York one month is the ceiling, whatever your landlord thinks of your missing credit history. If more is asked, that is not a negotiating position but a violation. In states without a ceiling it is different, so look up the rule of your own state.

May a landlord refuse me because I am Dutch?

No. The federal Fair Housing Act prohibits discrimination in renting and selling homes based on, among other things, race, colour, religion, sex, national origin, familial status and disability. According to the Department of Justice, national origin covers both the country where you were born and the country your ancestors came from. A refusal on the grounds that you come from the Netherlands is therefore not a negotiating matter but a violation of federal law; a refusal based on an empty report is not, and that is why it pays to fill that report as quickly as possible.

What you bring to the viewing

Because the report is empty, you help the landlord with other evidence: your employment contract or a letter from your employer, your visa documents, and as much proof of payment behaviour as possible. Some landlords accept a larger upfront payment where the state allows it; in California and New York that is therefore not an option. Read the lease for the term, the notice period and who pays the utilities, and keep the move-in inspection list with photos, because that is what the deposit discussion turns on when you leave.

Buying comes later. Whoever considers it first reads why you don't buy in your first year and then how a purchase works in America. The full step-by-step plan for the arrival phase is at /amerika.

In Vertrekklaar this is phase 5 of 5 of the journey, step 5.4: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to United States or go straight to step 5.4 in the open plan.