Can a landlord run a credit check before renting to me?
Short answer
In Quebec, a landlord may check a prospective tenant's ability to pay, but cannot use it as a pretext to discriminate, or require a deposit or a guarantor because of a person's social condition.
In detail
The information requested must be relevant to the rental. A credit check may be; a question about ethnic origin, religion, pregnancy or the presence of children is not.
Systematically requiring a guarantor from a person receiving social assistance, with no connection to their actual ability to pay, is considered discriminatory.
No money may be required at the application stage: no file-opening fee, no deposit, no “reservation” of the dwelling, since only the first month's rent may be asked for, once the lease has been entered into.
What to document
The application form you were given (a photo or a copy), the list of documents and of sums requested, the date, and the written exchanges. Note whether any amount was paid and to whom.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Commission des droits de la personne et des droits de la jeunesse — Your rights in housing
- JuridiQC — Discrimination when looking for housing: your rights and remedies
- Gouvernement du Québec — Requiring a security deposit is illegal
Related questions
- I do not have a written lease do i have any rights?
- Do i have 10 days to cancel a lease i just signed?
- Can my landlord limit the number of people in my dwelling?
- How much does it cost to file an application with the tal?
- How do i file an application with the tribunal administratif du logement?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.