LANDLORD AND TENANT ISSUES

Landlords

Make sure to know and follow the law, rules, guidelines and codes to make sure you do not end up with a complaint against you.

Tenants

Get familiar with your basic rights and know what a landlord should not ask.

Landlord can ask:

  • what is your income
  • if you work, and where you work
  • how many people will be living with you
  • the names of people who will be living with you
  • if you have pets
  • if you smoke
  • permission to do a credit check
  • references from past landlords
  • in some cases, if you have a guarantor or co-signer

A landlord should NOT ask:

  • if you are pregnant or have children
  • if you plan to have children, or if you plan to have more
  • if you are married, single, or divorced
  • your religion or ethnic background
  • your sexual orientation
  • if you get welfare or other public assistance
  • if you have a disability
  • your age (even if you are 16 as long as you don’t live with your parents)
  • if you are a Canadian citizen

A landlord is not allowed to ask questions that could be used to discriminate against you. If the landlord asks any of these questions or won’t rent to you because of your answers, this could be discrimination.

landlord tenant issues

Before a landlord rents you a place, they might want to do a credit check to see if you usually pay your bills on time. Ontario law says what can and cannot be included in a credit report.

A landlord needs your written permission to check your credit. It is a good idea to ask the landlord how they will protect their records and keep your information safe.

A landlord does a credit check by getting a copy of your credit report. A credit report is a detailed list of your debts, your bill-paying history, and other information about you.

A bad credit history means that you have or have had trouble paying your bills in the past and or on time. A landlord can decide not to rent to you if you have a bad credit history.

FOR CREDIT CHECKS the landlord will need your:

  • full name
  • current address
  • date of birth or your Social Insurance Number (SIN).

A landlord cannot ask you for your date of birth but you can give it to the landlord to do the credit check. Cause to discriminate based on young age.

TRICKY ONE

A landlord can ask you for your SIN but you do not have to give it to them. They will need either your date of birth or your SIN to run a credit check. If you choose to give your SIN, it is a good

GUARANTOR

They cannot ask you for a guarantor for a reason that discriminates against you. A landlord can't ask for a guarantor just because

  • you're a single parent
  • you're new to Canada
  • you are getting social assistance/welfare
  • you have a disability
  • you are young (as long as you’re at least 16, or 18 and you’re on your own)

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Refer to these resources to learn more

Human Rights Legal Support Centre (HRLSC)

Centre for Equality Rights in Accommodation (CERA)

Ontario Human Rights Commission (OHRC)

The landlord and Tenant Board Rules (LTB)

Residential Tenancies Act (RTA)

Residential Housing Enforcement Unit (RHEU) for Tenants