Family Size Discrimination in Quebec Rentals: Tenant Legal Guide

Facing discrimination due to your family size when renting a property in Quebec can be stressful and confusing. Whether a landlord refuses your application or tries to impose special terms because you have children or a larger household, it’s important to know your legal rights and what steps you can take. Understanding Quebec’s tenancy laws and human rights protections can help you secure fair housing for your family.

Is Discrimination Based on Family Size Legal in Quebec?

Under the Quebec Charter of Human Rights and Freedoms, it is illegal for landlords to discriminate against prospective or current tenants because of their family status, including the number of children or overall family size. This means a landlord cannot lawfully reject your application, evict you, or otherwise limit your tenancy simply because of your family composition.

Discrimination may look like:

  • Refusing to rent to tenants with children
  • Setting higher rents or deposits for larger families
  • Making negative comments about children or family size during viewings
  • Including lease terms that unfairly restrict children’s presence or activities

Your Rights Under Quebec Tenancy Law

Quebec’s main law covering rental housing is the Civil Code of Quebec – Book Five: Obligation of Lessors and Lessees. This legislation, together with the Charter, ensures tenants have the right to peaceful enjoyment of their home regardless of their family status.

  • Landlords cannot refuse to rent, evict, or attempt to force out a family because of the number of children or household members.
  • Any lease clause that restricts children’s presence is generally unenforceable.

For more detailed information about landlord and tenant duties, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

Acceptable Limits: Health, Safety, and “Overcrowding”

There are rare situations where landlords can refuse an application due to legitimate health, safety, or building bylaw concerns about overcrowding (for example, when too many people are proposed for a very small unit). However, this is not the same as discrimination solely based on family size—there must be a real, documented health or safety risk.

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What To Do If You Face Family Size Discrimination

If you suspect you have been discriminated against because of your family size in Quebec, you can take action. The main options include making a complaint to the Tribunal administratif du logement (TAL) (formerly Régie du logement) or filing a complaint with the Quebec Human Rights and Youth Rights Commission.

  • Keep Records: Save emails, messages, application forms, and make notes of anything said during viewings or communications about family size.
  • Contact a tenant support organization for guidance.
  • File a formal complaint if necessary (see below).

How to File a Discrimination Complaint

Quebec tenants can file a complaint through the following:

  • Quebec Human Rights and Youth Rights Commission Complaint Form: This form can be used to report discrimination based on family status.
    Access it here: Commission des droits de la personne et des droits de la jeunesse Complaint Form.
  • Tribunal administratif du logement (TAL): Tenants may also assert their rights at the rental tribunal if the discrimination affects their tenancy or results in eviction.
If you believe a lease or a landlord’s behaviour violates your family rights, don’t hesitate to reach out to the Commission or the TAL for guidance. Protect your documentation and act promptly.

For a broader understanding of what issues may arise and your rights under Quebec law, visit Tenant Rights and Landlord Rights in Quebec.

Relevant Forms and How To Use Them

  • Commission des droits de la personne et des droits de la jeunesse Complaint Form
    • When to use: If you’ve experienced discrimination (like refusal to rent, eviction, or unfair treatment because of your children or family size).
    • How to use: Complete the form with as much detail as possible, attaching supporting documents. File online or by mail, following instructions on the official Commission complaint page.

Some tenants may also need to submit forms related to lease disputes or claims for damages at the Tribunal administratif du logement (TAL). For forms and filing instructions, see the official TAL forms page.

Preventing and Responding to Discrimination

Tenants can advocate for themselves by documenting interactions, understanding their rights, and seeking support if challenged by a landlord over family size. Knowledge is power: knowing when a landlord’s actions cross the line into discrimination can help you act confidently and protect your household.

If you’re looking for a new, family-friendly home, Browse apartments for rent in Canada using tools that let you search by size, amenities, and more.

FAQ: Discrimination Over Family Size in Quebec Rentals

  1. Can a landlord in Quebec legally refuse to rent to families with children?
    No. Refusing to rent solely because someone has children or a large family is discrimination and is prohibited by law in Quebec.
  2. What should I do if a landlord says their unit is "adults only"?
    Such restrictions are generally illegal. You can document the conversation and contact the Quebec Human Rights and Youth Rights Commission for advice or to file a complaint.
  3. If I’ve already signed a lease, can my landlord ask me to move because my family grows?
    No. Once you’ve signed a lease, a landlord cannot evict you due to changes in family size unless genuine overcrowding is an issue based on municipal bylaws, not simply the number of children.
  4. Where can I get help if I'm experiencing family size discrimination in Quebec rentals?
    You can contact the TAL, the Quebec Human Rights and Youth Rights Commission, or local tenant support organizations for help and information.
  5. Are there any exceptions to these protections?
    Yes, but only in rare cases where health or safety regulations strictly limit the number of occupants for a specific rental unit size.

Conclusion: What Quebec Tenants Should Remember

  • Discrimination based on family size is not allowed under Quebec law.
  • Document suspected discrimination and act quickly if you need to file a complaint.
  • Support is available through the TAL, the Human Rights Commission, and tenant advocacy groups.

In most cases, Quebec law protects your right to find and stay in housing regardless of how many children or family members you have.

Need Help? Resources for Tenants

  • Tribunal administratif du logement (TAL): For disputes, forms, and resources on Quebec rental law. Visit TAL
  • Quebec Human Rights and Youth Rights Commission: For filing complaints about housing discrimination. File a complaint here.
  • Tenant Rights and Landlord Rights in Quebec: Info page for Quebec rental rights
  • Local tenant support or legal aid offices: Can provide direct help and support (search by city or region).

  1. Quebec Charter of Human Rights and Freedoms: Full text
  2. Civil Code of Quebec – Provisions related to rental housing: Details here
  3. Official forms and contacts: Tribunal administratif du logement (TAL) | Quebec Human Rights Commission
Bob Jones
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.