Can Landlords Refuse to Rent Based on Income in Saskatchewan?
Finding a suitable rental in Saskatchewan can be challenging, especially if you’re worried a landlord might reject your application due to your income source or level. Understanding your rights as a tenant can make the process less stressful. This article explores whether landlords can refuse to rent based on income in Saskatchewan, explains relevant laws, and offers practical tips for renters, including shared and roommate situations.
Rental Applications and Income Requirements in Saskatchewan
Landlords in Saskatchewan have the right to screen prospective tenants, which often includes verifying income to ensure rent can be paid. However, certain practices around income and source of income discrimination are restricted by law.
When Landlords May Ask About Income
- Landlords can request proof of income (such as pay stubs or benefit statements) when you apply for a rental.
- They may set income requirements to ensure tenants can reasonably afford the rent.
- However, landlords must apply income standards consistently and without discrimination.
It’s important that income requirements are reasonable and do not unfairly target or exclude groups of people who rely on government assistance, pensions, or other legal sources of income.
Can Landlords Refuse to Rent Based on Income?
In Saskatchewan, the Saskatchewan Human Rights Code prohibits discrimination based on source of income but not necessarily on amount of income[1]. This means:
- Landlords cannot refuse to rent to you solely because you receive social assistance, disability, or other government benefits.
- Landlords can decline if your total income does not reasonably support the monthly rent.
If you believe you were denied housing because of the source (not amount) of your income, you can file a complaint with the Saskatchewan Human Rights Commission.
Key Legislation: The Residential Tenancies Act, 2006
Saskatchewan’s main tenancy law, The Residential Tenancies Act, 2006, does not specifically mention income discrimination, but it sets out other rental application and tenancy rights[2]. The Code works alongside this Act to protect tenants from unlawful discrimination.
Roommates and Shared Housing Considerations
When applying with roommates or for shared housing, your group’s combined income may be considered by landlords. All applicants' sources of income receive the same legal protection. Be prepared to discuss household finances as a team.
Practical Guidance: What Can I Do If I’m Refused Based on Income?
If you think a landlord has treated you unfairly because of your source of income, you have options:
- Document the refusal: Save all emails and messages.
- Contact the Saskatchewan Human Rights Commission: They can explain your rights and help you file a complaint.
- Review your application: Ensure your documents and references are complete for future landlords.
Official Forms & Tribunal for Tenants in Saskatchewan
The official body for tenant-landlord disputes in Saskatchewan is the Office of Residential Tenancies (ORT). Common forms for Saskatchewan tenants include:
- Notice of Claim: Used if you wish to file a formal complaint or take action regarding your tenancy.
Official forms here. For example, a tenant believing their lease was unfairly denied might use this to raise a dispute.
To use: Download and complete the form, then submit to the ORT along with any supporting evidence. - Application for Hearing: If the matter requires a tribunal review. Find the latest application forms.
Always check the ORT’s official site for updated forms and instructions.
Additional Tenant Protections and Tips
- Landlords may ask for rental deposits. For key tips, see Understanding Rental Deposits: What Tenants Need to Know.
- Be ready to discuss your full/routine income and any supplementary sources (such as student loans or disability benefits).
- If living with roommates, discuss with the landlord how household finances will be handled and what paperwork is needed.
- Review your overall rental rights: Tenant Rights and Landlord Rights in Saskatchewan.
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Frequently Asked Questions (FAQ)
- Can my landlord refuse to rent to me if I’m on social assistance?
No. Refusing solely because of your source of income (such as social assistance or disability) is not allowed under Saskatchewan law. - Can a landlord set a minimum income requirement?
Yes, if it is reasonable and applied equally to all applicants based on rent affordability, not the source of funds. - What should I do if I think I was discriminated against?
Contact the Saskatchewan Human Rights Commission and gather documentation to support your claim. - Is my entire household’s income considered if I have roommates?
Often, yes. Landlords may evaluate the combined income of all applicants when you apply together. - Where do I get official tenant dispute forms?
Saskatchewan ORT provides application forms for disputes and hearings. Always check their website for the latest versions.
Summary: Key Takeaways for Tenants
- Landlords cannot reject you for your source of income (like social assistance), but they can consider your total income amount.
- You have the right to file a complaint if you feel you were discriminated against unfairly in Saskatchewan.
- For added support and to know your options in shared rentals, always review current rights and procedures from official sources.
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT): Saskatchewan's main rental tribunal for disputes, applications, and information.
- Saskatchewan Human Rights Commission: File human rights challenges or get advice on discrimination issues.
- General tenant rights: Tenant Rights and Landlord Rights in Saskatchewan
- Practical renting tips: Understanding Rental Deposits: What Tenants Need to Know
- Saskatchewan Human Rights Code – see Saskatchewan Human Rights Commission
- The Residential Tenancies Act, 2006, available at Government of Saskatchewan Official Legislation
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