Can Ontario Landlords Refuse Tenants Based on Income?
Finding a rental in Ontario can be challenging, especially if you’re concerned your income may affect your application. Understanding whether landlords can legally refuse to rent based on income—and what rights you have as a tenant—is essential for navigating the rental process with confidence. This guide uses current Ontario law so you know exactly where you stand.
Income Discrimination and the Law in Ontario Rental Housing
In Ontario, landlords often ask about your income when you apply for a rental. But is it legal for them to refuse you solely because of your income level? Ontario has strong protections for tenants under the Residential Tenancies Act, 2006 and the Ontario Human Rights Code. The Code makes it unlawful for landlords to refuse to rent to someone because of their “receipt of public assistance” or “source of income,” provided you can afford the rent.
What Landlords Are Allowed to Ask
- Landlords can ask about your income to check if you can afford rent.
- They cannot base their decision solely on your income source (e.g. government assistance, gig work), as this may violate the Human Rights Code.
- It is legal for landlords to ask you for proof of income, a credit check, or references.
If you’re applying with roommates or in shared housing, each person’s income may be considered, but landlords must apply criteria fairly to all applicants.
When Income Refusal Becomes Discrimination
Denying someone a rental just because they receive social assistance or have non-traditional income could be discriminatory. The Ontario Human Rights Tribunal (now part of the Human Rights Tribunal of Ontario) deals with these complaints.
What About Minimum Income Requirements?
Some landlords use strict minimum income or “rent-to-income ratios.” While they can set reasonable income requirements to ensure tenants can afford the rent, they cannot use these in a way that unfairly targets low-income renters or those on public assistance.
Official Forms and How to Take Action
If you believe you were refused a rental unfairly based on income, you can file a human rights application. Here are the key forms and processes:
- Application to the Human Rights Tribunal of Ontario (Form 1): Use this to file a discrimination complaint. Example: If a landlord rejects your application due to your source of income despite your ability to pay, you would use this form. Access Form 1 here.
- Standard Lease (Form 2229E): If you and your landlord agree to rent, you’ll use the Ontario Standard Lease. Standard Lease form and guide.
The Human Rights Tribunal of Ontario handles rental discrimination complaints.
Tips for Tenants Facing Income Concerns
Here are positive steps you can take in the rental application process:
- Offer a co-signer or guarantor if you have low or inconsistent income.
- Provide proof of savings or employment letters.
- Keep written records of any communications with prospective landlords.
- If required, learn more about Understanding Rental Deposits: What Tenants Need to Know before paying anything.
Most importantly, you are protected from discrimination based on lawful income sources. For more details, see Tenant Rights in Ontario.
For a transparent and hassle-free rental search, you can explore Houseme for nationwide rental listings and find a place that suits your needs.
Important Considerations After You Move In
If you suspect your landlord is treating you unfairly after you’ve moved in—such as threats of eviction without cause or inconsistent enforcement of rules—learn about your rights and responsibilities in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Frequently Asked Questions (FAQ)
- Can a landlord reject my application just because I have low income?
Landlords should not refuse you solely due to low income if you’re able to pay rent. Refusal based on source of income (like social assistance) may be discrimination. - Is it legal to ask for my income and employment details?
Yes—landlords can ask for proof of income or employment, but must use this information fairly. - What should I do if I think I was denied because of my income source?
Record all conversations and file a complaint using the Human Rights Tribunal’s official application form. - Who can I contact if I face rental discrimination?
You can contact the Human Rights Legal Support Centre or the Human Rights Tribunal of Ontario. - Do these protections apply to roommates and shared housing?
Yes—the same rules regarding income discrimination and fair treatment apply to shared or roommate rentals.
Key Takeaways for Tenants
- Landlords may ask about your income but cannot refuse to rent based solely on your income source under Ontario law.
- Know your rights—discrimination is prohibited under the Human Rights Code.
- You can file an official complaint using Form 1 if you face income-based discrimination.
In summary, Ontario law protects tenants from unfair treatment tied to income. Approach rental searches confidently, and know the avenues available if problems arise.
Need Help? Resources for Tenants
- Human Rights Tribunal of Ontario: File complaints about discrimination.
- Human Rights Legal Support Centre: Free support with applications and legal information.
- Ontario Government Tenant Rights: Official provincial housing information and contacts.
- Common Issues Tenants Face and How to Resolve Them
- Tenant Rights in Ontario
- "Residential Tenancies Act, 2006" – Ontario. Link to official legislation
- "Ontario Human Rights Code" – Ontario. Link to official Code
- Human Rights Tribunal of Ontario – Official HRTO website
- Ontario Landlord and Tenant Board – Official LTB website
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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