Illegal Rental Application Questions in Alberta: Tenant Guide
When searching for a new home to rent in Alberta, tenants often fill out rental applications. But did you know there are specific questions landlords cannot ask under Alberta law? Understanding your rights can help protect you from discrimination and ensure fair treatment during the rental process.
What Questions Are Illegal on Rental Applications in Alberta?
Landlords must comply with the Alberta Human Rights Act, which protects tenants from discrimination based on specific personal characteristics. According to this legislation, landlords generally cannot ask questions or make decisions about rental applications based on:
- Race or colour
- Religious beliefs
- Gender, gender identity, or gender expression
- Physical or mental disability
- Age
- Marital or family status (including pregnancy and children)
- Sexual orientation
- Ancestry, place of origin, or nationality
- Source of income (including government assistance or disability benefits)
For example, landlords cannot ask if you plan to have children, your ethnic background, or your religion. They also cannot refuse to rent because you receive disability or social assistance payments.
Examples of Illegal Rental Application Questions
- "Are you married or single?"
- "Do you plan to have any more children?"
- "What country are you originally from?"
- "Do you go to church?"
- "Are you receiving AISH or other social assistance?"
- "Do you have any disabilities or health issues?"
These types of questions are off-limits and must not influence a landlord’s decision.
What Can a Landlord Legally Ask?
While personal questions related to protected grounds are not allowed, landlords can ask things that relate directly to your ability to pay rent and care for the property, such as:
- Your rental history and references
- Authorization for credit checks
- Your current and past addresses
- Proof of employment (without asking about disability or benefits)
Landlords may request a security deposit, but cannot use the deposit to discriminate against protected groups. For more details, see Understanding Rental Deposits: What Tenants Need to Know.
Notice About Accommodation for Disabilities
If you need accommodation due to a disability, you can voluntarily tell your landlord. However, landlords cannot ask about specific disabilities unless it directly relates to reasonable accommodations being provided.
If You Encounter Illegal Questions: What Should You Do?
If a landlord asks an illegal question or discriminates against you, you have options to protect yourself and address the issue.
Steps to Take if You Experience Discrimination
- Politely decline to answer illegal questions on the rental application.
- Document the interaction, keeping a copy of any discriminatory application or correspondence.
- File a complaint with the Alberta Human Rights Commission. Use the official Human Rights Complaint Form (available here).
- If your application is denied, you may wish to consult a tenant advocacy service for advice.
The Alberta Residential Tenancy Dispute Resolution Service (RTDRS) resolves other tenancy disputes but is not the body for discrimination cases. For discrimination issues, contact the Alberta Human Rights Commission directly.
Relevant Legislation and Where to Learn More
This subject falls under the Alberta Human Rights Act and the Residential Tenancies Act (Alberta). For a broad overview of Alberta tenant law, see Tenant Rights and Landlord Rights in Alberta.
What Forms and Actions Can Alberta Tenants Use?
If you need to lodge a discrimination complaint, the key form is:
- Human Rights Complaint Form (Alberta Human Rights Commission)
- When to use: If you're denied a rental (or treated unfairly during application) due to a protected ground such as age, race, gender identity, or source of income.
- How to use: Download the form from the Alberta Human Rights Commission. Complete the details, attach evidence, and submit as directed (by email or mail).
- Practical example: If a landlord refuses your application because you have children, you would use this form to file a discrimination complaint.
The Residential Tenancy Dispute Resolution Service (RTDRS) handles eviction notices, deposit disputes, and repairs, not human rights issues.
Additional Tips for Alberta Tenants
- If you are concerned about unfair treatment, keep records and consider reaching out for support early.
- Never pay a deposit or provide payment before receiving a written agreement. For tips on moving in and protecting yourself, check out Essential Tips for Tenants When Moving Into a New Rental Home.
- You can Find rental homes across Canada on Houseme with tenant-friendly filters and helpful tools to make searching safer and easier.
Frequently Asked Questions: Alberta Tenant Applications and Discrimination
- What if a landlord asks about my religion or ethnicity?
Politely decline to answer, as this is not permitted. You are not required to provide this information and can file a complaint if you feel discriminated against. - Is it legal for a landlord to ask if I have children?
No. Asking about children or family status is illegal when screening tenants in Alberta. - Can landlords refuse my application because I receive government assistance?
No. Discrimination based on source of income, such as AISH or other benefits, is not allowed. - Who do I contact if I want to file a discrimination complaint?
Contact the Alberta Human Rights Commission and use their complaint process. - Where can I learn more about tenant rights and obligations in Alberta?
Visit Tenant Rights and Landlord Rights in Alberta for comprehensive information.
Key Takeaways for Alberta Tenants
- Landlords in Alberta cannot ask about personal characteristics such as race, religion, disability, or family status on rental applications.
- If you experience discrimination, you have the right to file a complaint and seek support.
- Learn about your obligations and rights before and after moving in for a safer rental experience.
Need Help? Resources for Tenants
- Alberta Human Rights Commission – File discrimination complaints and learn about protected rights
- Alberta Human Rights: Housing Protections
- Residential Tenancy Dispute Resolution Service (RTDRS) – For non-discrimination tenancy disputes
- Tenant Rights and Landlord Rights in Alberta
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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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