Tenant Rights When a Rental Application Is Rejected in BC
If you applied to rent a home in British Columbia and your landlord refused your application, it's important to know your rights and what steps you can take. In BC, there are laws protecting tenants from discrimination in the rental process, ensuring everyone has a fair chance to secure housing.
What Are the Legal Protections Against Rental Application Rejection in BC?
In British Columbia, landlords have the right to choose their tenants, but those choices must comply with provincial human rights law and tenancy legislation. The Residential Tenancy Act governs most rental situations[1], and the BC Human Rights Code protects against discrimination[2]. Landlords cannot reject rental applications for reasons that fall under protected grounds, such as:
- Race, colour or ancestry
- Place of origin or citizenship
- Sex, sexual orientation, gender identity or expression
- Source of income (legal)
- Family status, marital status, or age (except minors)
- Disability
- Religion or political belief
If your application was rejected and you believe it was for one of these reasons, you may have a basis for a complaint with the BC Human Rights Tribunal.
Understanding Acceptable vs. Discriminatory Application Rejection
Landlords can decline tenancy for legitimate reasons, such as:
- Unsatisfactory credit history
- Poor references from previous landlords
- Insufficient or unverifiable income (as long as not based on source, see above)
- The applicant did not provide requested information (like ID or references)
However, they cannot refuse you just because you are on disability assistance, have children, or are part of a protected group. If you suspect discrimination, document what happened and consider your next options.
What Forms Can Tenants Use After an Unfair Rental Application Rejection?
If you believe your application was rejected due to discrimination:
- BC Human Rights Tribunal Complaint Form: Official Filing Form – Use this form to start a discrimination complaint. Complete the details about how and why you believe the rejection is discriminatory. For example, if a landlord said they "don’t rent to families with young children," you would describe this on the form and attach any evidence (emails, messages, etc.).
- There is no standard Residential Tenancy Branch form for challenging application rejection because tenancy laws start once you become a tenant. For discrimination, always leverage the Human Rights process.
How to File a Complaint with the BC Human Rights Tribunal
- Gather evidence (emails, texts, rental advertisements, witness accounts).
- Go to the BC Human Rights Tribunal filing page.
- Fill out the online or paper complaint form fully.
- Submit your form and keep copies for your records.
- The Tribunal may investigate or request more info before deciding.
Can a Landlord Ask for Application Fees or Deposits?
In BC, landlords may ask for a security deposit after agreeing to rent to you, but application fees (money just to apply) are not allowed[3]. Learn more about security deposits in Understanding Rental Deposits: What Tenants Need to Know.
What to Do Next: Steps for Rejected Applicants
- If you suspect discrimination, contact the BC Human Rights Tribunal.
- If rejection was for another reason, clarify with the landlord (in writing) and request feedback.
- Keep copies of correspondence for your records.
- Continue searching for suitable rental housing—Find rental homes across Canada on Houseme for more options.
Knowing your rights makes the rental process clearer. For a summary of all housing rights in your province, see Tenant Rights in British Columbia.
FAQ: Tenant Rights for Application Rejection in BC
- Can a landlord reject me because I have children?
No, in BC landlords cannot deny tenancy solely on the basis of family status, including having children. - Is it legal for landlords to ask for a non-refundable application fee?
No, application fees are not permitted. Security deposits can only be requested once your tenancy is approved. - What should I do if I suspect discrimination after my rental application is refused?
Collect evidence and file a complaint directly with the BC Human Rights Tribunal within one year. - Which government body handles disputes about rental application discrimination in BC?
The BC Human Rights Tribunal deals with discrimination complaints. - Where can I find my full tenant rights and provincial resources?
Check Tenant Rights in British Columbia for a comprehensive overview.
Key Takeaways for Tenants
- Landlords in BC must follow anti-discrimination laws when reviewing applications.
- Non-refundable application fees are not allowed, but security deposits are permitted after acceptance.
- If you experience discrimination, use the Human Rights Tribunal's complaint process for support.
Remember: documenting your experience and being aware of your rights are vital steps in finding a fair rental home.
Need Help? Resources for Tenants
- BC Human Rights Tribunal – For discrimination complaints and complaint forms.
- BC Residential Tenancy Branch – Information on landlord-tenant law and processes.
- Tenant Resource & Advisory Centre (TRAC) – Free information and advocacy for BC tenants.
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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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