Landlord Rights to Refuse Tenants Based on Income NL
When searching for a rental in Newfoundland and Labrador, many tenants worry if their income will be enough to secure a home—especially in shared housing or with roommates. Understanding landlord rights, tenant protections, and rules about income-based rental decisions is key to a fair housing experience in this province.
Is It Legal for a Landlord to Refuse to Rent Based on Income in Newfoundland and Labrador?
Newfoundland and Labrador does not have a province-wide law that specifically prevents landlords from considering a tenant’s income as part of their rental screening. Landlords are generally allowed to assess whether you can pay rent based on your income or ask for proof, provided the process applies equally to all applicants and does not cross into prohibited discrimination.
However, income discrimination may intersect with protected grounds under Newfoundland and Labrador's Human Rights Act, 2010. If income-related rental requirements are being used to unfairly target tenants on the basis of race, age, marital status, receipt of social assistance, or family status, that could be a violation.
What Can a Landlord Ask About Income?
It is common, and legal, for landlords to:
- Request proof of income (such as pay stubs or benefit statements)
- Ask for employment details
- Set reasonable income-to-rent ratios (e.g., monthly income at least three times the rent)
Roommates, Shared Housing, and Income Rules
In shared housing or roommate situations, landlords may apply combined income criteria. Be clear with your roommates about whose information will be provided and how the lease or sublet will be structured.
Make sure everyone understands the lease obligations. For more guidance on rights and responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Prohibited Discrimination Under Human Rights Law
While landlords may ask for income, they cannot:
- Deny a rental purely because a tenant receives income through government assistance
- Apply different income rules based on family status, age, or other protected grounds under the Human Rights Act, 2010
- Use income rules as a pretext for illegal discrimination
You can read more about Tenant Rights and Landlord Rights in Newfoundland and Labrador for details about protected rights and responsibilities.
How Do Income Rules Affect Rental Deposits and Payments?
Some landlords may request a security deposit. Remember, in Newfoundland and Labrador, security deposits are capped at three-quarters of the monthly rent. For more information, visit Understanding Rental Deposits: What Tenants Need to Know.
Ultimately, income screening should not create impossible barriers for otherwise qualified tenants.
What to Do If You Feel Unfairly Refused Based on Income
If you believe a landlord's decision was discriminatory—especially if it relates to protected grounds—you have options:
- Contact the Newfoundland and Labrador Human Rights Commission
- File a complaint if you suspect discrimination because of the source of income, social assistance, or other protected categories
If your application was denied solely due to income, and you do not fall under a protected group, legal recourse is limited unless the policy is used to mask another form of discrimination.
Residential Tenancies in Newfoundland and Labrador: Where to Get Help
Rental disputes concerning lease terms or unreasonable requests are handled by the Residential Tenancies Office of Newfoundland and Labrador.
Relevant Forms and How Tenants Can Take Action
- Application for Assistance (Residential Tenancies): Used to request help with a rental dispute, such as an unfair denial based on lease terms. View official forms and instructions.
- Human Rights Complaint Form: File this with the Human Rights Commission if you believe you've been discriminated against based on a protected ground. Access the complaint process here.
For step-by-step help with filing a Human Rights complaint, see below.
Being informed helps you spot and challenge discriminatory rental practices—and gives you confidence during the rental search process.
Learn more about your rights, from paying rent to moving out—read Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips and Explore Houseme for nationwide rental listings.
Frequently Asked Questions
- Can a landlord in NL ask for proof of income?
Yes, landlords may ask for reasonable proof of income as part of the rental application process, as long as it is applied equally to all applicants. - Is it discrimination if a landlord refuses me because I am on social assistance?
If a landlord denies your application solely because of your source of income (i.e., you receive government assistance) and this decision is linked to another protected ground (such as family status or disability), it may be considered discrimination under the Human Rights Act, 2010. - Can multiple roommates combine income for a single application?
Yes, landlords may allow combined income for shared rentals, but confirm how lease obligations are divided among roommates in the agreement. - Where do I file a complaint if I believe I was unfairly refused a rental?
File a complaint with the Newfoundland and Labrador Human Rights Commission if you believe protected grounds were involved, or contact the Residential Tenancies Office for general disputes. - Are there income limits or minimums set by law for tenants?
No, there are no mandated legal minimums or maximums for income for residential tenants in Newfoundland and Labrador.
Key Takeaways
- Landlords in NL can consider income but cannot discriminate on protected human rights grounds.
- Source of income (such as social benefits) alone isn’t always enough to prove discrimination, unless a protected ground is involved.
- Application denials due to income can sometimes be challenged through the Human Rights Commission or Tenancies Office.
Always keep records of communications and documents during your rental search.
Need Help? Resources for Tenants
- Newfoundland and Labrador Residential Tenancies Office: Resource for lease disputes and tenancy issues
- Newfoundland and Labrador Human Rights Commission: File complaints related to discrimination
- NL Housing Corporation: Emergency and affordable housing information
- Find legal aid: Legal Aid NL
- See Tenant Rights and Landlord Rights in Newfoundland and Labrador for an overview of local rights and regulations
- "Residential Tenancies Act, 2018". Newfoundland and Labrador Consolidated Statutes. View Residential Tenancies Act, 2018.
- "Human Rights Act, 2010". Newfoundland and Labrador Legislative Assembly. View Human Rights Act, 2010.
- Residential Tenancies Office of Newfoundland and Labrador: Official Site
- NL Human Rights Commission: Official Site
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