Can my landlord limit the number of people in my dwelling?
Short answer
In Quebec, a landlord may limit the number of occupants of a dwelling where that limit is reasonable and takes into account the size and the sanitary conditions of the dwelling, but cannot use it to refuse a tenant because they have children.
In detail
The limit must be justified by objective considerations, such as the floor area, the number of bedrooms and municipal sanitary standards, and not by a personal preference.
Refusing to rent to a family with children without a justification connected to the size of the dwelling is discrimination prohibited by the Charter of Human Rights and Freedoms.
Where there is a disagreement, the matter may be brought before the Tribunal administratif du logement (TAL, Quebec's rental board). A discrimination complaint may also be filed with the Commission des droits de la personne et des droits de la jeunesse (Quebec's human rights commission).
What to document
The exact clause of the lease about the number of occupants, the floor area and the number of bedrooms in the dwelling, the words the landlord used when refusing, and the date of each exchange.
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
- Tribunal administratif du logement — Frequently asked questions
- JuridiQC — Discrimination when looking for housing: your rights and remedies
- Commission des droits de la personne et des droits de la jeunesse — Your rights in housing
Related questions
- How much does it cost to file an application with the tal?
- How do i file an application with the tribunal administratif du logement?
- I cannot attend my hearing at the tal what should i do?
- Can i refuse a rent increase?
- How long do i have to reply to a notice of rent increase?
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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.