Choosing a tenant is a big decision and requires due diligence. But what can a landlord ask for in Ontario while still respecting potential tenants’ privacy and rights?
If an applicant’s personal information isn’t collected or shared the right way, or their privacy is breached, you as a property owner can be held liable.
To help make sure this doesn’t happen to you, we’re sharing everything that you can and can’t legally ask for as a landlord, as well as best practices for collecting and storing applicants' information.
What you can and can’t ask for on a rental application is largely governed by the following two documents:
Familiarizing yourself with these documents is the best way to legally navigate rental applications and tenant screening.
According to the RTA, here’s what you can ask from prospective tenants:
“In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in those regulations.”
With this information in hand, here’s how you can use it, according to the OHRC:
Rental history, credit references and/or credit checks may be requested.
A lack of rental or credit history should not count against a prospective tenant.
You can ask a prospective tenant about income, but you must also look at any available information on their rental history, credit references and credit rating (such as through Equifax Canada).
Income information can only be considered on its own when no other information is made available, and only to make sure a prospective tenant earns enough to pay the rent.
Unless a prospective tenant is applying for subsidized housing, it is illegal to apply a rent-to-income ratio such as a 30% cut-off rule (which means only considering people if the rent is less than 30% of their income).
* This is related to smoking on the property, as landlords can designate their properties as smoke-free.
** A no-pet policy cannot be enforced against service animals as per accessibility laws.
It’s just as helpful to know what you can’t ask for on a rental application. According to the OHRC, you can’t ask:
Hopefully, with this information as your guide, you now feel more confident handling rental applications in Ontario.
Make the process even easier with applications that automatically ask tenants all the right questions. Get access to these forms, and everything else you need to vet and choose the perfect tenants, with Rhenti.
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When collecting tenant information, you should adhere to the Personal Information Protection and Electronic Documents Act (PIPEDA), which governs how personal information is handled.
Yes, according to the OHRC, you can ask if a tenant smokes as this relates to property maintenance and use. You can designate rental properties as smoke-free environments, provided they do not discriminate against the smoker as an individual but rather address the act of smoking in relation to property use.
In Ontario, according to the RTA, you can ask about pets. However, except for specific circumstances such as condominiums with existing by-laws that prohibit pets, you can’t evict a tenant for having a pet in violation of a "no pets" clause in the rental agreement.
No, you should not ask for a tenant's Social Insurance Number. This is considered unnecessary for the purposes of a rental agreement, and the collection of such information could potentially violate privacy laws.
Yes, you can ask for the first and last month's rent upfront. However, you cannot demand a security deposit, damage deposit, or any other amount that would exceed the cost of the first and last months' rent.
Yes, you can request that tenants obtain renters insurance, but they cannot require it as a condition of the lease. Landlords can provide information on the benefits of renters insurance and encourage tenants to consider obtaining it to protect their belongings.
Yes, you can ask for bank statements to prove the financial situation of a renter. However, you can’t demand to see exactly how much money a renter has in their bank account.
Yes, you can request a credit check to see a renter’s history of making payments and gauge their financial reliability as a renter.
Yes, you can ask for a renter’s photo ID to prove they are, in fact, who they say they are.
The blog posts on this website are for the purpose of general introductory information. They can’t serve as an opinion or professional advice. Speak to a professional before making decisions related to your circumstances.
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