Rental Applications: What a Landlord Can and Cannot Ask
When a unit has many applicants, landlords sometimes ask for a lot of information. Ontario's Human Rights Code limits what can be asked and how it can be used.
- A landlord may ask for rental history, references, credit information and income information, and may ask for a guarantor.
- A landlord cannot refuse an applicant because of a protected ground such as family status, race, disability or receiving social assistance.
- Landlords cannot demand an application fee, and cannot ask for personal information that is unrelated to the tenancy.
- An applicant who thinks they were treated unfairly can file with the Human Rights Tribunal of Ontario, usually within one year.
What landlords can usually ask for
- Previous landlord references and rental history.
- Income information and employment details, to judge whether the rent is affordable.
- A credit check or credit references, with the applicant's consent.
- A co-signer or guarantor, where the landlord thinks it is needed.
What goes too far
- Questions about race, religion, ethnic origin, citizenship, sexual orientation, family plans, age or disability.
- Refusing someone because they have children, are pregnant, or receive social assistance or disability benefits.
- Using income as the only test and ignoring other evidence of ability to pay, such as a good rental history.
- Requiring the Social Insurance Number or sensitive documents beyond what is reasonably needed.
Fees and deposits at the application stage
Ontario law does not generally allow a landlord to charge an application fee. The only deposits permitted are a last month's rent deposit and a refundable key deposit. If you are asked to pay something else, get advice before paying.
Protect your information
- Share only what is reasonably needed, and ask how it will be stored and when it will be destroyed.
- Give the credit check consent only for that landlord, for that unit.
- Be careful with scams: a request for payment before you have seen the unit or met the landlord is a warning sign.
If you were turned down unfairly
- Write down what was asked and said, with dates, and save messages and the advertisement.
- Ask in writing for the reason you were refused.
- Consider an application to the Human Rights Tribunal of Ontario, usually within one year of the incident. See the guide on filing at the HRTO.
Common questions
Can a landlord refuse because my income is low?
A landlord can consider whether you can afford the rent, but cannot refuse you because your income comes from social assistance or because of another protected ground.
Can I be asked for three months of bank statements?
Reasonable proof of income is common, but you can share only what is needed, and you can black out unrelated details such as other people's names.
Who can help. Licensed paralegals can represent applicants and landlords at the Human Rights Tribunal of Ontario and the Landlord and Tenant Board.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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