Can Landlords Refuse Tenants Based on Income in Nova Scotia?

Searching for a rental in Nova Scotia can be stressful, especially when you're sharing housing or applying with roommates. One common concern is whether a landlord can legally refuse your application because of your income level. This article explains Nova Scotia's rules, your rights, and practical tips to help you secure safe, fair housing, whether you're applying alone or with others.

Understanding How Income Is Used in Tenant Screening

Landlords often ask about income to ensure tenants can afford the rent. In Nova Scotia, the law allows landlords to consider an applicant’s income during the screening process—but with important limits to protect against unfair discrimination.

Is It Legal to Refuse Tenants Solely Due to Income?

Under Nova Scotia’s Residential Tenancies Act^[1], there is no specific clause prohibiting landlords from considering income when selecting tenants. However, this must be balanced with human rights protections under the Nova Scotia Human Rights Act.^[2]

The Nova Scotia Human Rights Act prohibits discrimination based on several grounds, but “source of income” is not explicitly listed. However, if a landlord’s income requirement has an indirect discriminatory effect (for example, making it unreasonably difficult for people on government assistance or with non-traditional income to qualify), you may have grounds for a complaint with the Nova Scotia Human Rights Commission.

Common Rental Screening Practices

• Requesting proof of income (e.g., pay stubs, benefit statements, bank statements)
• Setting minimum income thresholds (e.g., requiring rent not to exceed 30–40% of income)
• Checking credit scores or past rental history

While these are common, landlords must not apply these rules selectively or use them as a pretext for other forms of discrimination.

What To Do If You Suspect Income Discrimination

If you believe your application was refused unfairly due to your income, you can:

• Request the landlord’s rental criteria in writing
• Ask for a specific reason for refusal (though landlords may decline to provide one)
• File a complaint with the Nova Scotia Human Rights Commission if you suspect unlawful discrimination

Filing a Human Rights Complaint

• Download and complete the Nova Scotia Human Rights Commission Complaint Form from the official NSHRC page
• Provide detailed information about your application and why you believe discrimination occurred
• Submit the form by mail, fax, or email as directed

The Commission will review your complaint and determine if it falls within their authority. This process is free for tenants.

Tip: Keep copies of all correspondence and documents submitted to landlords during your application process.

Income and Rental Deposits

Landlords may not ask for more than one half-month’s rent as a security deposit. If you’re asked for a higher deposit because of low income, this is not allowed. For more information, see Understanding Rental Deposits: What Tenants Need to Know.

After You Are Approved: Next Steps for Tenants

Once your application is accepted—even if you’re living with roommates—be sure you understand your responsibilities. Review your written agreement, know about rent payments and deposit rules, and document the condition of the property when you move in. Learn more in What Tenants Need to Know After Signing the Rental Agreement.

For full details of your rights as a tenant in Nova Scotia, visit Tenant Rights and Landlord Rights in Nova Scotia.

Looking for fair and affordable rental options? Find rental homes across Canada on Houseme.

FAQ: Renting and Income Rules in Nova Scotia

1. Can a landlord set a minimum income requirement in Nova Scotia?
   Yes, landlords can set reasonable income requirements, but they cannot use them to mask discrimination or to require deposits above legal limits.
2. Can my landlord ask for my government benefit information?
   They may request proof of income, including benefit statements, but should not refuse your application solely because your income comes from government sources.
3. Can roommates combine their income on rental applications?
   Usually yes, but you should confirm this with the landlord before applying, especially in a shared housing context.
4. Is there a maximum security deposit a landlord can demand based on my income?
   Nova Scotia law limits deposits to half a month’s rent, no matter your income level.
5. Who do I contact if I face illegal rental discrimination?
   File a written complaint with the Nova Scotia Human Rights Commission. See their official complaint process.

Key Takeaways for Tenants

• Landlords can consider income, but cannot set rules that result in illegal discrimination
• Always ask for rental criteria in writing and keep records
• Security deposits are capped regardless of income
• Contact the Human Rights Commission if you suspect discrimination

Understanding your rights helps you secure safe housing and challenge unfair practices.

Need Help? Resources for Tenants

• Residential Tenancies Program – Nova Scotia: Information, guidance, and forms
• Nova Scotia Human Rights Commission: Discrimination complaints and advice
• Tenants Rights Nova Scotia: Advocacy and support for tenants

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1. Residential Tenancies Act (Nova Scotia)
2. Nova Scotia Human Rights Act

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