Can Landlords Deny Housing for Bad Credit in Nunavut?

Credit history can be a concern for many tenants searching for rental housing in Nunavut. If you worry that bad credit might prevent you from securing a home, it's important to understand Nunavut's laws and your rights during the rental application process. This article breaks down what landlords can and cannot do, and explains the application rules, housing discrimination laws, and tenant protections unique to Nunavut.

How Tenancy Applications Work in Nunavut

When applying for a rental unit, a landlord will typically ask for basic information about you, such as identification, employment, and sometimes a reference. In Nunavut, landlords may ask for permission to conduct a credit check. However, they must follow federal privacy laws and cannot request information that violates your rights under discrimination and human rights legislation.

Landlords can choose tenants based on their ability to pay rent and take care of the property. However, they're not allowed to ask for excessive information or refuse a tenant for discriminatory reasons.

Can You Be Denied Housing for Bad Credit?

Nunavut landlords have some discretion when choosing tenants, but denying housing solely for bad credit can be a grey area, especially if the tenant can demonstrate other means to pay rent (such as social assistance or a guarantor). It's not illegal for a landlord to factor credit history into their decision, but they must apply their criteria consistently and not use credit as an excuse for unlawful discrimination.

  • Credit checks are not a legal requirement for all rental applications, but some landlords may request them.
  • If a landlord insists on a credit check, you must give written consent before they can access your credit report.
  • If rejected due to bad credit, you can ask the landlord to provide a reason in writing.

Discrimination and Tenant Protections

Nunavut’s Human Rights Act protects tenants from discrimination based on race, colour, religion, creed, sex, sexual orientation, disability, age, marital status, family status, nationality, ancestry, and place of origin. Credit history is not a protected ground, but a landlord cannot use credit as a cover for discrimination against protected groups.

If you believe you’ve been discriminated against during your rental search, you may have grounds to file a complaint with the Nunavut Human Rights Tribunal. Describe your experience and provide any evidence or communication that shows a discriminatory practice.

Deposits, Fees, and Rental Applications

Before signing a lease, landlords in Nunavut may ask for a security deposit (up to one month's rent). For more on this topic, visit Understanding Rental Deposits: What Tenants Need to Know. Application fees, however, are not legal in Nunavut.

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Your Rights Under Nunavut's Residential Tenancies Act

All residential tenancies in Nunavut are governed by the Residential Tenancies Act (Nunavut)1. This act outlines the rules landlords and tenants must follow, including how and when tenancies can be terminated and what information can be asked for during application. Disputes between renters and landlords are overseen by the Nunavut Rental Office, which acts as the territory’s residential tenancies authority.

If you feel treated unfairly or are unsure about your rights, you can always learn more about Tenant Rights and Landlord Rights in Nunavut.

Filing a Human Rights or Tenancy Complaint

If you believe you’ve been treated unfairly because of credit history used as an excuse for unlawful discrimination, you can:

  • File a complaint with the Nunavut Human Rights Tribunal (for discrimination on prohibited grounds)
  • File an application with the Nunavut Rental Office for other tenancy-related disputes

There are forms for submitting complaints:

You will usually be asked for details about the incident and supporting documentation (such as emails or denied applications).

Tip: If your application is rejected due to credit, ask the landlord for the specific reason in writing. Keep all communications—you may need them if you feel your rights have been violated.

If you secure a rental, remember to review your rights and responsibilities. For more practical insights, explore What Tenants Need to Know After Signing the Rental Agreement.

For more options, Explore Houseme for nationwide rental listings to find the right rental home for you.

FAQs: Bad Credit, Tenancy, and Discrimination in Nunavut

  1. Can a landlord legally deny rental housing solely based on my credit score?
    Yes, but only as part of assessing your ability to pay rent. Landlords must not use credit history to indirectly discriminate based on protected characteristics.
  2. Do Nunavut landlords have to accept tenants on social assistance or with a guarantor?
    Landlords cannot refuse a tenant just because they receive social assistance; this may be considered discrimination. You can provide a guarantor or other proof of income.
  3. Can a landlord require a credit check for all applicants?
    Landlords can request a credit check, but only with your written consent and must treat all applicants equally.
  4. What can I do if I believe I've been discriminated against during the application process?
    You can file a complaint with the Nunavut Human Rights Tribunal if you believe discrimination occurred on a prohibited ground.
  5. Is there a limit on rental deposits in Nunavut?
    Yes, landlords can only charge a security deposit up to one month’s rent.

Summary: Key Takeaways for Nunavut Tenants

  • Landlords can consider credit history but must not discriminate on protected grounds.
  • Application fees are not permitted; security deposits are allowed up to one month’s rent.
  • You have the right to file a complaint if you believe discrimination has occurred.

Being informed helps you protect your rights when applying for rental housing in Nunavut.

Need Help? Resources for Tenants

  1. Residential Tenancies Act, SNu 2008, c.5 (Nunavut Legislation)
  2. Nunavut Human Rights Act

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