Can Manitoba Landlords Refuse to Rent Based on Income?
If you’re a tenant searching for a rental in Manitoba, you might wonder whether a landlord can refuse your application because of your income. This is a common concern, especially for students, newcomers, or anyone sharing housing. Here, we’ll break down your rights, what provincial law says, and what steps you can take if you believe income discrimination has occurred.
Landlord Screening: Income and Rental Applications in Manitoba
In Manitoba, landlords often ask about your income on rental applications to make sure you can afford the rent. However, using income as the sole reason to deny someone a rental is subject to legal limitations. The Residential Tenancies Branch (RTB) oversees enforcement of rental laws in the province.
Under The Residential Tenancies Act (Manitoba), landlords have the right to select tenants who are able to pay rent, but they cannot act in a way that discriminates on prohibited grounds under the Manitoba Human Rights Code.[1][2]
Is Income a Protected Ground Under the Manitoba Human Rights Code?
Unlike some provinces, Manitoba’s Human Rights Code does NOT list "source of income" or "income level" as a protected ground. However, discrimination based on social disadvantage (e.g., being on social assistance) may fall under "social disadvantage" protection in certain situations. Other protected grounds include:
- Age
- Family status
- Marital status
- Disability
- Race, ancestry, nationality, and more
When Is It Legal to Refuse Rental Based on Income?
Landlords are allowed to consider your ability to pay rent, but they must apply their income criteria equally to all applicants. Common and lawful practices include:
- Requesting proof of income or employment
- Asking for references from employers or previous landlords
- Conducting credit checks (with your permission)
Denying a rental to tenants sharing housing—like roommates—just because their combined income isn't traditional may be questionable, especially if each person can show they can pay their share. For full details on tenant obligations and landlord responsibilities after moving in, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Can Tenants Do If They Suspect Discrimination?
If you think you’ve been refused a rental unfairly based on your income source (such as social assistance), family status, or another protected ground, you can:
- Contact the Manitoba Human Rights Commission (MHRC) to discuss your case and potentially file a complaint
- Gather evidence, such as rental listing details, emails, and texts with the landlord
- Ask the landlord for clarification in writing about why your application was denied
For more details about your rights as a Manitoba tenant, visit Tenant Rights and Landlord Rights in Manitoba.
Related Rental Application Forms in Manitoba
- Rental Application (No official government form; usually provided by landlord): Used to collect information on employment, income, and references. Always review what information is required and ensure it’s not discriminatory.
- Complaint Form (MHRC): Used to submit a formal discrimination complaint. Access at the Manitoba Human Rights Commission: File a Complaint page. For example, a student denied a rental for being on social assistance can use this form to begin an investigation.
- Application for Tenancy (RTB Form): If a dispute arises about a rejected application, tenants can refer their case to the Residential Tenancies Branch and request a hearing using the appropriate RTB application forms.
For a smooth move-in experience, review your rights around deposits, payment receipts, and obligations. If you’re paying a deposit, see Understanding Rental Deposits: What Tenants Need to Know for practical tips.
Best Practices: Roommates and Shared Housing Applications
If you’re applying as roommates, each person may be asked to demonstrate they can afford their share of rent. To strengthen your application, consider:
- Sharing proof of individual income or guarantors for each tenant
- Preparing a simple budget showing how the rent will be split
- Providing reference letters from past landlords
Remember, landlords may set reasonable criteria but cannot single out certain types of income if it relates to a protected ground.
Summary Table: Can Manitoba Landlords Refuse Based On Income?
Situation | Legal? |
---|---|
No income or insufficient income | Usually legal |
Refusal based on being on social assistance | May be illegal if it relates to social disadvantage/disability |
Refusal due to unemployment (not related to protected ground) | Legal |
Roommates splitting rent evenly with adequate proof | Should be considered equally |
Feeling stuck searching for the right place? Explore Houseme for nationwide rental listings and expand your options.
FAQ: Tenant Income and Rental Rights in Manitoba
- Can a landlord ask for proof of income in Manitoba?
Yes, landlords commonly request proof of income or employment to assess affordability. However, they must be consistent with all applicants. - Is it legal for a landlord to refuse tenants on social assistance?
No, if refusal is solely due to being on social assistance (which may relate to social disadvantage or disability), it can be discrimination under the Manitoba Human Rights Code. - What should I do if I think my application was denied unfairly?
Document all interactions and contact the Manitoba Human Rights Commission for guidance or to file a complaint. - Do roommates need to combine their income for an application?
Not necessarily. Each roommate can show proof of ability to pay their share, though landlords may check total income for the full unit. - Where can I learn more about general tenant and landlord rights?
See Tenant Rights and Landlord Rights in Manitoba for a comprehensive overview.
Conclusion: Key Takeaways for Manitoba Tenants
- Landlords may consider income but cannot discriminate on protected grounds like social disadvantage or disability.
- Roommates should prepare individual proof of income and references.
- If you suspect discrimination, contact MHRC or the RTB for help.
Understanding your rental rights helps you approach applications with confidence and respond if issues arise.
Need Help? Resources for Tenants
- Residential Tenancies Branch (RTB) — For disputes, applications, and rental information
- Manitoba Human Rights Commission — For discrimination complaints and guidance
- Tenant Rights and Landlord Rights in Manitoba — Full guide for tenants and landlords
- For official legislation, see the Residential Tenancies Act (Manitoba)
- Manitoba Human Rights Code, see legislation
- Residential Tenancies Act (Manitoba), see legislation
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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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