Why a past eviction matters — and what is allowed
Landlords commonly review tenancy history when screening applicants. In British Columbia, landlords may consider a past eviction as part of an assessment, but they must not refuse to rent for reasons that violate human rights protections (for example, discrimination based on race, family status, disability, or other protected grounds). If you suspect a refusal is linked to a protected ground, you have options to respond and to seek remedies through the Residential Tenancy Branch[1] or the BC Human Rights Tribunal[3].
What counts as rental discrimination in BC
Unlawful rental discrimination happens when a decision about housing is based on a protected characteristic rather than legitimate tenancy concerns. Legitimate screening may include credit, references, and past tenancy history. Discrimination is different when a landlord treats applicants differently because of a protected ground or makes stereotyped assumptions after an eviction. The Residential Tenancy Act sets rules for tenancy matters and the BC Human Rights Code covers discrimination in housing, so both systems can be relevant depending on the issue.[2]
Steps to respond and gather evidence
- Keep a dated log of conversations, emails, texts, and in-person visits related to applications and rejections.
- Save copies or screenshots of ads, application forms, and any communications that mention your eviction or give a reason for rejection.
- Ask for written reasons for any rejection so you have clear documentation to support a complaint.
- Keep payment records, receipts for deposits, and bank transfers that show how you handled prior tenancy obligations.
How to complain: practical steps
Start by trying to resolve the issue directly: ask the landlord or agent for a clear reason in writing. If that does not resolve the matter, you can apply to the Residential Tenancy Branch for dispute resolution about tenancy-related issues, or apply to the BC Human Rights Tribunal if the refusal appears to be discrimination under protected grounds. For help drafting a complaint or understanding procedures see How to Handle Complaints in Your Rental: A Tenant's Guide and review provincial rights in Tenant Rights and Landlord Rights in British Columbia.
Practical search and application tips after an eviction
- Tip: Be honest in applications and include references who can confirm repairs or improved conduct since the eviction.
- When possible, provide evidence of steady income and recent positive landlord references to offset concerns about past tenancy history.
- Contact community legal clinics or tenant advice lines for help preparing an application or complaint.
- Offer to pay a reasonable damage deposit or provide a co-signer only if it is permitted and clearly documented to avoid misunderstandings.
- Tip: Widen your search and use targeted listings — for local options you can also Find Vancouver apartments for rent to see more listings quickly.
Frequently asked questions
- Can a landlord refuse to rent to me because of a past eviction?
- A landlord may consider eviction history when screening applicants, but they cannot refuse to rent for reasons that violate protected grounds under the Human Rights Code. If the refusal appears to be discriminatory, you can seek remedies through the Human Rights Tribunal or advice from tenant services.
- Should I apply to the Residential Tenancy Branch or the Human Rights Tribunal?
- If the dispute is about tenancy rights, deposits, unpaid rent, or ending a tenancy, the Residential Tenancy Branch is usually the right forum. If the refusal appears motivated by a protected ground (for example, disability or family status), you may have a human rights complaint as well.
- What evidence improves my chance of success?
- Clear dated records, copies of messages or emails, witness statements or references, photos or screenshots of listings or communications, and proof of steps taken to address prior issues all help support a complaint.
How-To
- Gather evidence: collect dated emails, texts, photos, receipts, and notes about phone conversations.
- Contact the landlord or agent in writing: request a clear reason for rejection and keep a copy.
- File with the Residential Tenancy Branch if the issue is tenancy-related and you seek dispute resolution.
- Consider a human rights complaint to the BC Human Rights Tribunal if the refusal appears to be based on a protected ground.
- Seek local tenant advice, legal clinics, or mediation services for help completing forms and preparing for any hearings.
Key Takeaways
- Eviction history can affect applications but does not excuse unlawful discrimination.
- Keep dated evidence and clear records to support any complaint or application.
- Use the Residential Tenancy Branch and the BC Human Rights Tribunal when appropriate to seek remedies.
