Can Landlords Refuse to Rent to Someone?
Legal Insights

Finding a rental in Ontario can prove difficult at times, particularly with increasing demand and stringent application procedures. Most tenants are concerned about whether or not the landlord can legally deny them, and landlords question what restraints they have when screening potential renters. Although landlords do have a right of screening, the law places very specific boundaries. Crossing those limits can lead to a determination of rental discrimination Ontario law forbids.

This piece discusses when refusals are lawful, when they transform into discrimination, what tenants can do, and how paralegals are helpful in such cases.

Legal Reasons a Landlord Can Refuse an Applicant

Not all rental applications will be approved—and not all denials are unlawful. Landlords can consider applicants on the basis of valid, nondiscriminatory criteria. Ontario landlord screening legislation allows for checks that assist landlords in establishing whether or not an applicant may reasonably fulfill the terms of a lease.

Verification of Credit and Income

One of the most common screening processes is requesting income verification or a credit check. Such procedures are supposed to gauge a tenant’s capacity to pay rent on time and be fiscally responsible. The same criteria have to be employed for all applicants, though. Running a credit check selectively or requesting additional documents from some tenants but not others might be considered discriminatory.

Rental History & References

Landlords can also inquire about rent history and call prior landlords or references. If a previous record indicates regular late payments, property damage, or unsettled disputes, a landlord may legally reject the application. But once more, these checks must be exercised impartially to anyone who applies, not selectively.

When Refusal Becomes Illegal Discrimination

The Ontario Human Rights Code specifies when a landlord’s refusal to rent is illegal. If the refusal is made on personal characteristics that have nothing to do with the ability to pay rent or maintain the property, it is rental discrimination prohibited under Ontario law.

Race, Religion, Gender, Family Status

Denying rent based on race, ethnic origin, religion, gender identity, or family status is not allowed. For instance, rejecting an applicant on the grounds of them having children or belonging to a certain religion is a blatant breach. Such protections exist to guard against inequality and discrimination.

Disability & Other Protected Grounds

Disability is also a protected ground in the Code. Landlords are required to make accommodations for physically or mentally disabled tenants to a point of undue hardship, like allowing service animals even in “no pets” apartments. Other banned grounds are age, marriage status, sexual orientation, and social assistance dependence. Landlords who deny on these grounds are violating the tenant rights Canada practices. 

Tenant Options if Refused Unfairly

If a tenant feels they’ve been unfairly denied housing, they don’t have to take it lying down. There are action steps one can take.

• Document communication. Emails, texts, or written messages can be powerful evidence of why the refusal occurred.
• Preserve the rental ad. This serves to indicate what was being offered and whether the refusal goes against the terms that were stated.
• Observe the reasons given. If the reason appears to be related to a personal trait (e.g., “we don’t rent to families with children”), this could be considered a sign of discrimination.

Tenants can subsequently bring an application to the Human Rights Tribunal of Ontario. Such cases are often complicated, but with advice, tenants stand a greater chance of establishing discrimination and obtaining remedies such as compensation or being provided with the rental unit.

How Paralegals Help in Discrimination Matters

Landlord screening legislation and rental discrimination disputes are usually daunting for renters. The legal process is not always simple, and landlords may have professional help. That is where paralegals give a big edge.

Paralegals can:

• Check out the case and determine if a landlord’s action constitutes discrimination.
• Assist renters with preparing paperwork and making applications to the tribunal.
• Represent renters at hearings, ensuring their points are presented effectively.
• Negotiate with landlords in order to come to an agreement before the issue takes a further turn.

Through access to a paralegal, tenants have an informed champion who knows the law as well as the facts of dealing with conflicts. This access eases it for them to enforce the tenant rights Canada promises.

Conclusion

While landlords are entitled to screen applicants, their rights are balanced with vigorous protections for tenants. A denial based on justifiable financial or rental history grounds is permissible, but the moment it extends into personal traits—like race, family status, or disability—it is illegal rental discrimination Ontario legislation forbids.

Having an idea where the line is drawn benefits both tenants and landlords. For tenants, knowing their rights means they won’t be unfairly treated. For landlords, knowledge of landlord screening laws prevents them from incurring expensive legal battles. Either way, a visit to a paralegal can offer guidance and assistance when questions or disagreements arise.

Unfairly denied rental? Call us to defend your rights with paralegal assistance.

FAQs

1. Can a landlord refuse to let me because I have kids?
No. Family status, including having children, is a ground of protection in Ontario’s Human Rights Code.

2. Can a landlord legally ask for a credit report?
Yes, provided they ask all applicants equally and not selectively.

3. What if a landlord refuses to lease because I’m on welfare?
That denial is discrimination and is a breach of tenant rights Canada legislation.

4. Are landlords allowed to say “no pets” if I have a service animal?
No. Service animals are covered by disability accommodation principles.

5. Where do I make a complaint regarding rental discrimination?
You can make an application to the Human Rights Tribunal of Ontario for consideration.