Tenants in Manitoba often face screening decisions based on criminal records when applying for rental homes. If you are a renter, it helps to know how provincial tenancy rules, the Residential Tenancies Branch and the Manitoba Human Rights Commission view criminal-record screening so you can safely apply, respond to refusals, and protect your housing. This guide explains what may be lawful versus discriminatory, the kind of documentation to keep, official forms and deadlines, and practical steps to file a dispute or complaint in Manitoba. It is written for renters who need straightforward language and concrete next steps when a criminal record becomes a rental barrier.
What the law says in Manitoba
Manitoba tenancy and human-rights systems overlap when it comes to criminal-record screening. Landlords may consider a record that is directly relevant to safety of other tenants, but blanket bans or automatic refusals that ignore rehabilitation or context can be discriminatory. The Residential Tenancies Branch handles many tenancy disputes and the Manitoba Human Rights Commission can handle discrimination complaints based on regulated grounds and policies. See official resources for legislation and filing instructions [3][1][2].
Can a landlord refuse a tenant because of a criminal record?
A landlord can consider safety-related information, but refusing every applicant with any criminal record may amount to unfair treatment. Tenants should ask for a clear explanation if denied. If you suspect discrimination, collect documentation (emails, screening forms, texts), ask for the reason in writing, and consider next steps such as asking the landlord to reconsider or filing a dispute.
When criminal-record screening may be lawful or discriminatory
- Safety concerns: convictions directly tied to violence, sexual offences or serious property harm can be relevant to safety assessments.
- Relevance and records: the landlord should show how a specific record affects tenancy rather than applying a blanket ban.
- Rehabilitation and pardons: evidence of rehabilitation, elapsed time, or a pardon can change how a record is considered.
- Time and context: older offences with no ongoing risk are less likely to justify refusal.
How to raise the issue and what forms to use
Start by documenting everything: application forms, emails, texts, listing screenshots and any screening criteria the landlord provided. If direct negotiation fails, you can file with the Residential Tenancies Branch or, for discrimination on protected grounds or policy-based refusals, contact the Manitoba Human Rights Commission. Common official forms include the Application for Dispute Resolution and the Human Rights complaint form.
Key official forms and when to use them:
- Application for Dispute Resolution (Residential Tenancies Branch) — use this to ask the RTB to hear a tenancy dispute, for example if a denial led to wrongful loss of housing or if a landlord’s decision breached the rental process. File with the RTB to request a mediated decision or hearing.[1]
- Manitoba Human Rights complaint form — use this when you believe a screening policy or refusal discriminates against you on a protected ground; for example, a policy that disproportionately excludes people with certain records without considering rehabilitation.[2]
- Residential Tenancies Act (reference) — review the Act to understand statutory tenant protections and landlord obligations in Manitoba before filing. The Act explains legal remedies and procedural deadlines.[3]
Practical steps tenants can take
If you think you were unfairly denied housing because of a record, follow these practical steps before and after filing:
- Document the denial and the stated reason, keeping screenshots, emails, and copies of any application forms.
- Contact the landlord to request a written explanation and ask whether they will reconsider with additional information about rehabilitation or references.
- File an Application for Dispute Resolution with the Residential Tenancies Branch if the issue concerns rental process, deposits or improper refusal related to tenancy rules.[1]
- File a complaint with the Manitoba Human Rights Commission if you believe the refusal amounts to discrimination under human-rights rules.[2]
If you are searching for alternate rentals while you resolve a dispute, Find rental homes across Canada on Houseme to compare listings and find landlords open to discussing screening and references.
FAQ
- Can a landlord run a criminal background check in Manitoba?
- A landlord can ask for consent to run a background check, but how they use the information must be reasonable and not an automatic ban; relevance and safety are key factors.
- What evidence should I collect if I suspect discrimination?
- Keep application copies, messages, screenshots of listings, the landlord's screening policy if provided, and any written refusal; these items help when filing with the RTB or Human Rights Commission.
- Where do I file if I was denied because of a criminal record?
- For tenancy process issues, file an Application for Dispute Resolution with the Residential Tenancies Branch. For discrimination claims, file with the Manitoba Human Rights Commission.
- Are there deadlines to file?
- Yes. Both dispute and human-rights processes have specific time limits; file as soon as you can and check official forms for exact deadlines.
How-To
- Document everything: save emails, texts, application copies and any screening criteria you were given.
- Ask the landlord for a written explanation of the decision and whether they will accept additional references or rehabilitation evidence.
- File an Application for Dispute Resolution with the Residential Tenancies Branch if the denial relates to tenancy process or loss of housing.[1]
- Consider filing a complaint with the Manitoba Human Rights Commission if the screening policy discriminates against you or a protected group.[2]
- Attend any scheduled hearings or mediation sessions and bring all documentation and references to support your case.
Help and Support / Resources
- Residential Tenancies Branch (Manitoba) [1]
- Manitoba Human Rights Commission [2]
- Residential Tenancies Act (Manitoba) [3]
