How to screen tenants legally in Canada

General information, not legal advice. Human rights and privacy laws differ by province. Check the official sources below, or get legal advice for a specific case.

Key points

• Screen every applicant the same way, using the same written criteria.
• Ask about the tenancy: rental history, references, credit and ability to pay.
• Do not ask about, or decide based on, protected grounds such as race, religion, family status, disability or receipt of public assistance.
• Get written consent before a credit check. Name, address and date of birth are enough.
• A SIN is optional. Never make it a condition of renting.
• Collect only what you need, keep it secure, and destroy it when you no longer need it.

What you may ask

In Ontario, Ontario Regulation 290/98 under the Human Rights Code lists business practices landlords may use to choose tenants:

• Rental history and credit references.
• Permission to do a credit check.
• Income information, but only if you also ask for rental history, credit references and a credit check. You must weigh income together with that information. You can look at income on its own only if the applicant gives no rental or credit history.
• A guarantor for the rent, and a deposit allowed by the Residential Tenancies Act (in Ontario, generally last month's rent and a refundable key deposit).

Other provinces do not have the same regulation, but the same approach is safe: ask only for information that tells you whether the person can pay the rent and look after the unit.

What you may not ask

Human rights codes ban discrimination when renting. You cannot refuse an applicant, or offer worse terms, because of a protected ground.

In practice, avoid questions like these:

• "Where are you from?" or "What is your status in Canada?"
• "Are you married?" "Do you have kids or plan to?" "Are you pregnant?"
• "What is your religion?" or "Do you have any health conditions?"
• "Are you on welfare or disability?" You can confirm income, not judge its source.
• "No students" or "adults only" rules. Building-wide age limits are only allowed in limited cases, such as BC buildings reserved for people 55 and older.

Shared space exception: in Ontario and BC, the housing rules in the code generally do not apply if the tenant would share a kitchen or bathroom with the owner or the owner's family. This matters for small landlords renting a room in their own home.

Income checks

• You may confirm that the applicant can pay the rent, for example with a job letter or recent pay stub.
• In Ontario, the Ontario Human Rights Commission says a fixed rent-to-income cut-off (such as "rent must be under 30% of income") is illegal outside subsidized housing.
• Do not refuse someone because income comes from social assistance, a pension, a disability benefit or a rent subsidy.
• The Privacy Commissioner says landlords should not collect more than they need. Looking at a pay stub may be enough; you may not need to keep a copy.

Credit checks and consent

• You need the applicant's consent before you share their information with a credit bureau or screening company. Get it in writing.
• Say clearly what you will check, who will see it, and why.
• Name, address and date of birth are the minimum for a credit check.
• No credit history is not bad credit. Newcomers, students and people returning to work often have thin files. The OHRC says landlords should not reject applicants for a lack of credit history. Ask for other proof instead, such as references, a larger income history or a guarantor applied to everyone in the same situation.
• In BC, a landlord cannot charge a fee for accepting or processing a rental application.

Which privacy law? The federal law, PIPEDA, applies to landlords' commercial activities in most provinces. BC, Alberta and Quebec have their own private-sector privacy laws that apply instead.

Can a landlord ask for a SIN?

You can ask, but you cannot require it. The Office of the Privacy Commissioner of Canada says a landlord does not need a Social Insurance Number. A credit check works without one. If you include a SIN field, mark it optional and do not refuse anyone who leaves it blank. The OHRC also recommends not using SINs for credit checks, because a SIN can reveal immigration status.

References and rental history

• Call the current and previous landlords. Ask about rent paid on time, notices served, damage and whether they would rent to this person again.
• Check that the landlord reference is the real owner or manager. Compare with property tax or land records if in doubt.
• Calling references and reading social media both count as collecting personal information. Get consent, and the Privacy Commissioner advises against social media background checks.
• Do not use or share private "bad tenant" lists. The Privacy Commissioner has found these lists improper.

Red flags

• Pressure to skip the credit check, or an offer to pay many months in cash right away.
• Pay stubs or job letters that look edited, or an employer you cannot reach.
• A "previous landlord" who answers instantly and only praises, or turns out to be a friend.
• Different names or dates on the ID, application and credit report.
• Wanting to move in today without viewing the unit.

A red flag is a reason to verify more, not to assume. Apply the same checks to everyone.

Keeping applicant data safe

• Store applications in a locked cabinet or a password-protected account, not in your phone's photo roll.
• Do not keep copies of ID unless you have a clear need.
• Do not keep information longer than necessary. Shred or securely delete applications from people you did not rent to once your decision is final.
• Applicants can ask in writing to see the information you hold about them. Respond within 30 days.
• Keep brief notes on why you chose a tenant, based on your written criteria. This helps if a decision is challenged.

FAQ

Related tools and guides

• Ontario tenant deposits: last month's rent
• Rent increase rules by province (2026)
• Ontario rent increase calculator
• Landlord Pilot workspace: keep tenant records and documents in one place

Official sources

• Ontario Regulation 290/98: Business practices permissible to landlords in selecting prospective tenants
• OHRC: Human rights in housing, an overview for landlords
• OHRC: Policy on human rights and rental housing
• BC Human Rights Tribunal: Personal characteristics protected by the Code
• Office of the Privacy Commissioner of Canada: Privacy in the landlord and tenant relationship
• Office of the Privacy Commissioner of Canada: 10 privacy tips for the rental housing sector
• Office of the Privacy Commissioner of Canada: Best practices for the use of SINs
• gov.bc.ca: Tenancy deposits and fees

Last checked: 2026-11-01.