How to Challenge an Unfair Rental Denial in Quebec
Facing an unfair rental denial in Quebec can be upsetting, but tenants have important rights and options to respond. This guide explains how to identify discrimination, what legal protections exist under Quebec law, and step-by-step actions you can take to challenge a landlord’s decision.
Understanding Rental Denials and Discrimination in Quebec
Landlords can choose tenants based on many factors, but they cannot discriminate against you for reasons protected by law. Under Quebec’s Charter of Human Rights and Freedoms, it is illegal for landlords to refuse to rent to someone based on:
- Race, colour, ethnic or national origin
- Sex, gender identity/expression
- Pregnancy or family status (including presence of children)
- Age, civil status (married, single, etc.)
- Religion
- Disability or use of a guide/service animal
- Social condition (e.g., receipt of social assistance)
- Sexual orientation
If a landlord denies your application because of any of these reasons, it is considered discriminatory and you can take action to challenge it.
Common Situations of Unfair Rental Denial
- Refusing a tenant because they have children
- Not renting to a person receiving welfare or other social assistance
- Denying tenants based on ethnicity or country of origin
- Refusing a service animal for a tenant with a disability
Sometimes, landlords may give other reasons or avoid stating an explicit reason. If you suspect discrimination, document all communications.
Your Legal Rights as a Tenant in Quebec
The Charter of Human Rights and Freedoms protects tenants in Quebec from discrimination at every stage of the rental process. The Civil Code of Quebec also covers housing rights. The main tribunal handling housing disputes is the Tribunal administratif du logement (TAL) (previously Régie du logement).
You can learn more about your local rights and rules on the Tenant Rights and Landlord Rights in Quebec page.
How to Challenge a Rental Denial
If you experienced an unfair denial, you have two main channels in Quebec:
- Filing a discrimination complaint with the Commission des droits de la personne et des droits de la jeunesse (CDPDJ)
- Filing an application at the Tribunal administratif du logement (TAL)
Most discrimination cases start with a complaint to the CDPDJ. The tribunal (TAL) can also be used if the issue involves a lease or contractual dispute.
Step-by-Step: Filing a Discrimination Complaint
- Complete a complaint form with the Commission des droits de la personne et des droits de la jeunesse. No fee is required.
- Include supporting evidence (emails, texts, application forms, notes about conversations or refusals, etc.).
- The Commission investigates and can pursue mediation, legal settlement or refer your complaint to the Human Rights Tribunal, if needed.
Official Form: Discrimination or Harassment Complaint Form.
Use this form if you believe you were denied a rental due to a protected ground. Access the CDPDJ complaint form and instructions here.
Step-by-Step: Application to the Tribunal administratif du logement (TAL)
- If you want compensation or an order, you can file a formal application at the TAL using the General Application Form.
- The TAL handles cases related to leases, rental contracts, and housing disputes. Access the application form and instructions here.
- Fill the form out carefully, include your evidence, and submit online or in person. The TAL will notify the other party and schedule a hearing.
For tenants considering a rental after a previous denial, reviewing Understanding Rental Deposits: What Tenants Need to Know is helpful, as deposit rules differ in Quebec.
Quick Action Steps for Tenants
- Keep all written and verbal communication from landlords
- Document what happened and when — write down conversations as soon as possible
- Ask for denial reasons in writing
- If you believe you were discriminated against, file a complaint promptly
- Learn about additional tenant issues and solutions in Common Issues Tenants Face and How to Resolve Them
- Always check your eligibility and complaint process deadlines
Remember, if you are searching for a new home, you can Browse apartments for rent in Canada safely on trusted platforms.
FAQ: Tenants’ Questions About Challenging Rental Denials in Quebec
- Can a landlord refuse my rental application because I have children? No. Refusing a family with children is considered discrimination in Quebec and is not allowed under the Charter of Human Rights and Freedoms.
- What if the landlord doesn’t give me a reason for denial? Landlords are not required to state a reason, but if you suspect it was for a discriminatory reason, keep documentation and consider filing a complaint with the CDPDJ.
- How long do I have to file a discrimination complaint? It is recommended to file your complaint as soon as possible. There are no hard deadlines under the Charter, but sooner is usually better for gathering evidence and resolving disputes.
- Is there a fee to apply to the Commission or the Tribunal administratif du logement? Filing a complaint with the Commission is free. The TAL may charge a fee for filing an application, but fee waivers are possible if you have limited income.
- Can I get compensation if I was unfairly denied? Compensation is possible if you suffered harm due to discrimination. The amount depends on the facts of each case and is determined by the Tribunal.
Conclusion: Key Takeaways for Tenants
- Quebec law protects tenants from discrimination at all stages of the rental process.
- If you believe you were unfairly denied, document the situation and act quickly.
- Use official channels like the CDPDJ and the TAL for complaints and enforcement.
Knowing your rights can help you protect yourself and ensure fair treatment in Quebec’s rental market.
Need Help? Resources for Tenants
- Commission des droits de la personne et des droits de la jeunesse (CDPDJ): File discrimination or harassment complaints, ask questions
- Tribunal administratif du logement (TAL): Rental disputes, applications, resources for tenants and landlords
- Canada Mortgage and Housing Corporation – Guide to Renting in Quebec
- Community legal clinics: Free or low-cost legal advice and support
- Visit our Tenant Rights and Landlord Rights in Quebec page for more information
- Charter of Human Rights and Freedoms, CQLR c C-12, available at Quebec's official legislation.
- Civil Code of Quebec, Book Five — Quebec Civil Code.
- Tribunal administratif du logement (TAL): Official site.
- CDPDJ — Discrimination Complaint: Filing instructions and form.
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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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