Illegal Rental Screening in Ontario: Tenant Rights Explained

Finding the right place to rent in Ontario can be stressful—especially if you feel you're being treated unfairly during the application process. Understanding your rights related to illegal rental screening empowers you to protect yourself from discrimination and stand up for fair treatment. In this guide, we break down what is and is not allowed, relevant laws, and practical steps if you believe your rights have been violated.

Understanding Rental Screening in Ontario

Rental screening refers to the process landlords use to decide if a renter is suitable for their property. While landlords have a right to reasonable screening, Ontario law strictly prohibits screening practices that discriminate against protected groups or violate your privacy.

What Landlords Are Allowed to Ask

Landlords can ask for certain information to assess your ability to pay rent and care for the property, such as:

• Your income
• References from previous landlords
• Consent to a credit check
• Employment details

Examples of Illegal Rental Screening Questions

Under the Ontario Human Rights Code and the Residential Tenancies Act, 2006, landlords cannot ask questions or refuse your application because of:

• Race, colour, ancestry, place of origin, ethnic origin
• Religion or faith
• Sex, gender identity/expression, sexual orientation
• Age (with some exceptions, such as retirement homes)
• Family status (including pregnancy, children, marital status)
• Disability or use of service animals
• Receipt of public assistance (e.g., Ontario Works, ODSP)

For example, it's illegal for a landlord to ask if you plan to have children, what your religion is, or refuse to rent to someone receiving government assistance.

Common Illegal Practices

• Refusing applicants with children
• Advertising “adults-only” or “no kids” unless it's a qualified senior home
• Demanding additional deposits (beyond what is legal)
• Requesting medical details not related to accommodation needs
• Denying entry to those with service animals

If you suspect you’ve faced discrimination in screening, keep written evidence of communications and consider your options.

Relevant Forms and How to Use Them

If you've been discriminated against or asked illegal questions, you can take steps to protect your rights.

Human Rights Application Form (Form 1)

What is it? The Human Rights Application (Form 1) is used to file a complaint with the Human Rights Tribunal of Ontario if you believe a landlord has discriminated against you during rental screening.

• When to use: If your rental application has been rejected or you were treated unfairly because of a protected characteristic.
• How to use: Complete Form 1 (Application) and submit it online or by mail.
• Example: You are denied a rental after revealing your family receives ODSP (disability support). You may file Form 1 citing discrimination based on receipt of public assistance and disability.

Ontario Standard Lease

Landlords in Ontario must use the Ontario Standard Lease form for most new rental agreements. It outlines legal obligations and helps ensure fair treatment.

What Happens After the Screening Process?

Once your rental application is approved and you’ve signed the lease, different rights and responsibilities arise for both you and your landlord. To understand what to expect, see What Tenants Need to Know After Signing the Rental Agreement.

If You Experience Discrimination

If you believe a landlord has acted unlawfully during screening, these are the recommended steps:

• Keep written records of all interactions (emails, application forms, text messages)
• Contact the Ontario Human Rights Commission or tenant advocacy groups for support
• Consider speaking with a legal clinic specializing in housing matters

Know Your Rights and Protect Yourself

Ontario law supports every tenant’s right to fair and equal access to housing. Being informed not only helps you identify illegal screening—it empowers you to respond if it happens. For more about deposits and payment expectations, see Understanding Rental Deposits: What Tenants Need to Know.

Want more options as you search for a rental? Find rental homes across Canada on Houseme for a wide variety of listings, tools, and resources.

Frequently Asked Questions

1. Can a landlord reject my application if I receive social assistance?
   No, it is illegal for landlords in Ontario to refuse you housing based on your source of income, including social assistance or disability benefits.
2. Is it legal for a landlord to ask about my marital status or if I have children?
   No, landlords cannot legally ask about your family status or discriminate against you because you have children.
3. What should I do if I suspect I faced illegal discrimination during rental screening?
   Keep records of interactions and consider filing a Human Rights Application (Form 1) with the Human Rights Tribunal of Ontario.
4. Are background or credit checks allowed?
   Yes, landlords can request credit checks, but they cannot discriminate if your credit history relates to a protected ground (e.g., disability).
5. Where can I learn about other tenant rights in Ontario?
   Visit Tenant Rights in Ontario for more information on your legal protections and obligations.

Key Takeaways

• Landlords in Ontario cannot ask discriminatory questions or refuse your rental application for reasons protected by the Human Rights Code.
• If you believe your rights have been violated, you may file a complaint with the Human Rights Tribunal of Ontario using Form 1.
• Being informed and keeping records are your best tools when facing illegal rental screening.

In summary, knowing Ontario’s rules around rental screening protects you from unfair treatment and supports your right to safe, inclusive housing.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario – file complaints and access tribunal guidance
• Ontario Human Rights Commission – information, guidance, and advocacy services
• Ontario Tenants' Rights – volunteer resources and tenant support
• Local Community Legal Clinics – free legal advice for housing and discrimination issues

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1. Residential Tenancies Act, 2006 (Government of Ontario)
2. Ontario Human Rights Code (Government of Ontario)
3. Human Rights Tribunal of Ontario

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