Challenging an Unfair Rental Denial in Alberta: Tenant Rights Guide
Being denied a rental unit can be confusing and upsetting—especially when you believe the decision was unfair or discriminatory. In Alberta, laws protect tenants from unjust rental denials based on reasons like race, religion, family status, disability, or other protected grounds. If you feel you've been turned down without fair cause, it's important to understand your rights and the procedures for challenging a rental denial.
Understanding Rental Denials and Discrimination in Alberta
Landlords in Alberta can choose whom they rent to, but they cannot deny, discourage, or discriminate against applicants on prohibited grounds. The Alberta Human Rights Act protects applicants from discrimination based on:
- Race, colour, ancestry, or place of origin
- Religion or creed
- Gender, gender identity or expression
- Age, marital or family status
- Physical or mental disability
- Source of income (including government benefits)
- Sexual orientation
Landlords can lawfully decline applications for reasons not related to these protected grounds, such as references, income verification, or past rental history. However, if you feel the denial was based on one of the prohibited reasons, you may have the right to take action.
If You Were Unfairly Denied a Rental: Next Steps
Knowing what to do after a rental denial in Alberta can improve your odds of resolving the issue. Here’s a summary before we delve deeper: document what happened, request clarification, and consider a human rights complaint if necessary.
1. Ask for Written Reasons
Politely ask the landlord to provide their reasons for denial in writing. While not legally required, many landlords will respond, and this may clarify if discrimination played a role.
2. Gather and Organize Your Evidence
- Keep all emails, application forms, messages, and notes about the viewing or conversation.
- If you believe the denial was discriminatory (for example, because of a child, disability, or ethnicity), write down exactly what occurred.
- Get witness statements, if any friends or family were present at viewings or discussions.
3. Compare with Alberta Human Rights Law
Review your experience in light of the Alberta Human Rights Act protections. If your application was rejected for a reason tied to protected grounds, you may file a complaint to the Alberta Human Rights Commission.
Filing a Human Rights Complaint in Alberta
The Alberta Human Rights Commission is the body that reviews cases of alleged discrimination in housing. They can investigate, mediate, and—where necessary—refer cases for a hearing. You must act promptly; the complaint must typically be filed within one year of the incident.
Official Form: Human Rights Complaint Form
- Name & Source: Human Rights Complaint Form (PDF)
- When to Use: If you believe you were denied a rental unit because of a protected ground under Alberta's law.
- How to Submit: Download and fill out the form, detailing your situation and providing evidence. Submit it via mail, email, or online to the Alberta Human Rights Commission (file a complaint).
- Example: A single parent is told she can't rent because the landlord "doesn't want children in the building." She can file a formal complaint using this form.
What Happens After You File?
After submitting your complaint, the Commission will:
- Confirm receipt and screen the complaint for jurisdiction
- Contact you and the landlord to gather more information
- Try to resolve the dispute through mediation or settlement
- If unresolved, possibly move to an investigation or public hearing
For official information and help, visit the Alberta Human Rights Commission website.
Other Tenancy Disputes
If your denial involved other rental issues—such as improper fees, misleading deposits, or a refusal to provide a lease agreement—your case might also involve Alberta’s Residential Tenancy Dispute Resolution Service (RTDRS). Learn about Tenant Rights and Landlord Rights in Alberta for additional context.
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Summary of Steps for Challenging Discrimination or Unfair Rental Denials
- Document and collect all details about your application and interactions
- Review the Alberta Human Rights Act for protected grounds
- Request written explanation from landlord (if comfortable)
- File a human rights complaint if discrimination is likely
- Consider reaching out to Alberta’s RTDRS for tenancy issues tied to lease terms, deposits, or written agreements
Some denied rental applications may not involve discrimination, so always verify if your case aligns with the protected grounds in the law.
FAQ: Challenging Unfair Rental Denial in Alberta
- What are protected grounds for discrimination in Alberta rentals? Protected grounds include race, religion, family or marital status, disability, age, gender, sexual orientation, ancestry, and source of income. Landlords cannot deny a rental based on any of these. Review the Alberta Human Rights Act for details.
- Can a landlord legally ask about my income or employment? Yes, landlords may ask for income verification for financial qualification, but they cannot refuse you solely because your source of income is from social assistance, disability benefits, or another protected source.
- What if my rental denial was due to a large required deposit? If you suspect the deposit requirement was unfair, or higher than the legal maximum, learn more at Understanding Rental Deposits: What Tenants Need to Know.
- How long do I have to file a human rights complaint for rental discrimination? You must file your complaint with the Alberta Human Rights Commission within one year of the alleged discrimination occurring.
- Where can I learn about all tenant and landlord rights in Alberta? Visit Tenant Rights and Landlord Rights in Alberta for a comprehensive overview.
Conclusion: Key Takeaways
- Rental denials based on protected grounds are illegal in Alberta
- Tenants can file a complaint with the Alberta Human Rights Commission using the official form
- Document all interactions and seek support if you suspect discrimination
Understanding your rights ensures you can act quickly and effectively if you face an unfair rental denial.
Need Help? Resources for Tenants
- Alberta Human Rights Commission – File complaints, get guidance, and access forms
- Residential Tenancy Dispute Resolution Service (RTDRS) – For rental agreement issues, deposits, and disputes
- Centre for Public Legal Education Alberta (CPLEA) – Housing Law
- Tenant advocacy organizations in Alberta, like Legal Aid Alberta, can provide additional support
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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