When searching for a new place to rent in New Brunswick, tenants often wonder what information landlords are legally allowed to request—especially when it comes to background checks. Understanding your rights can help you feel confident and prepared as you move forward in your rental search.
Do Landlords in New Brunswick Have the Right to Run Background Checks?
Yes, landlords in New Brunswick are permitted to request certain background information before entering into a lease. This commonly includes a credit check, rental history, and references. However, landlords must follow anti-discrimination laws and handle your personal information responsibly.
What Information Can Landlords Ask For?
According to the Residential Tenancies Act of New Brunswick[1], landlords may request:
- References from previous landlords
- Proof of income (like a letter of employment or pay stub)
- Credit checks (with your written consent)
They are not allowed to ask about protected characteristics, such as your race, religion, marital status, disability, or whether you receive public assistance, as protected by the New Brunswick Human Rights Act.
How Does the Credit Check Process Work?
A landlord may ask to check your credit, but only with your signed permission. Typically, you will be asked to complete an application form authorizing the credit check. If you choose not to consent, the landlord may decide not to proceed with your application.
What About Criminal Background Checks?
New Brunswick landlords rarely request criminal background checks. If they do, they must only use this information for a valid rental-related purpose. Refusing to rent solely because of a criminal record can sometimes be considered discriminatory, especially if the information is not directly relevant to your ability to be a good tenant.
Your Rights During the Application Process
Applying for a rental home can feel stressful, but you have important rights as a tenant. The landlord must:
- Keep your personal information confidential
- Use your background check information only for rental decisions
- Not discriminate based on things like age, gender, disability, or source of income
If you feel a landlord has discriminated against you, you can contact the New Brunswick Human Rights Commission for support (Human Rights Commission).
Forms and Official Application Process
There is no standardized province-wide rental application form for New Brunswick. However, many landlords use their own forms asking for consent to credit and reference checks. Always read any form carefully and confirm that you are providing information voluntarily. For concerns regarding a rental application or if you believe your information was misused, you can contact the Residential Tenancies Tribunal or the provincial privacy commissioner.
What Happens After a Background Check?
If your application is accepted, you’ll likely be asked for a security deposit before moving in. Learn more about your rights regarding deposits in Understanding Rental Deposits: What Tenants Need to Know.
If You Think Your Rights Were Violated
If you suspect a background check or information request was discriminatory or invasive, keep detailed notes. You may:
- File a complaint with the New Brunswick Human Rights Commission
- Contact the Residential Tenancies Tribunal for assistance (see resources below)
Additional Tenant Rights and Resources
For a more complete overview of your rights and responsibilities in the province, see Tenant Rights and Landlord Rights in New Brunswick.
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Frequently Asked Questions
- Can my landlord refuse to rent to me because of my credit score?
Yes, landlords in New Brunswick may decline applicants with low credit scores, but they cannot discriminate based on personal characteristics protected by law. - What should I do if a landlord asks for personal information not related to my tenancy?
Politely ask why the information is needed. If it feels inappropriate or discriminatory, consider contacting the Residential Tenancies Tribunal or Human Rights Commission. - Do I have to agree to a background or credit check?
No, but if you refuse, the landlord can choose not to proceed with your application. - What happens to my information if I don't get the apartment?
Landlords must protect any information you provide and not share it inappropriately, regardless of whether you move in.
Key Takeaways for Tenants
- Landlords can ask for credit and reference checks, but only with your consent.
- You are protected from discrimination based on characteristics like age or disability.
- If your privacy or rights are violated, you have several official resources for support.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick) – forms, complaints, and legal info
- New Brunswick Human Rights Commission – discrimination issues and advice
- Tenant Rights and Information – Province of New Brunswick
- Tenant Rights and Landlord Rights in New Brunswick
