Information guide written by the ImmoMulti Team. This is not legal advice. Consult the official sources cited or a legal professional for your situation.
Choosing a good tenant is one of the most important decisions a plex owner makes — but in Quebec, screening is tightly regulated. Screening a tenant legally means assessing their ability to pay and their history without crossing the line into discrimination banned by the Charter of Human Rights and Freedoms. As a direct buyer of multi-unit properties on the North Shore, ImmoMulti meets owners every week who don't realize a simple rental form can contain illegal questions. Here's what you may ask, what is strictly prohibited, and how to screen without exposing yourself to a complaint.
What can you legally verify about a rental applicant?
A landlord may verify identity, payment history (credit check with consent), references from previous landlords and the real ability to pay the rent. The principle governing everything is necessity: collect only the information strictly relevant to the rental relationship.
Quebec's Act respecting the protection of personal information in the private sector imposes a simple but powerful principle: a landlord may collect only the information necessary to assess the application. That's the filter to apply to every question on your rental form. Any detail that doesn't directly help establish whether the tenant can pay and respect the lease should not be requested.
In practice, it is legitimate to ask for: the name, contact details, employment or income source (to assess ability to pay), references from previous landlords, and — with authorization — a credit check. These items relate directly to the rental relationship. To start that relationship on the right foot, it also helps to know how to set the rent on a first lease and fill in Section F.
The credit check: permitted, but with consent
A credit check with Equifax or TransUnion is permitted to verify solvency, provided you obtain the applicant's free and informed written consent before running it. The social insurance number is not required for this.
Checking an applicant's credit file is the most reliable tool for assessing solvency. It's permitted in Quebec, but regulated. You must obtain written, free and informed consent before requesting a report from a credit assessment agency. The applicant must know exactly what they're consenting to and why.
A compliant credit check, in practice
- Obtain written, dated consent before any request.
- Identify the applicant by name, date of birth and addresses — no SIN needed.
- Use the result only to assess solvency, not for other purposes.
- Destroy or secure the report once the decision is made.
The social insurance number is not necessary to run a credit check: agencies can identify a person by other means. Quebec's Access to Information Commission recommends never collecting a SIN without a demonstrated need. An applicant has the right to refuse to provide it, and that refusal alone cannot justify a rejection.
What information is banned from asking?
A landlord may not require: the SIN, a security deposit or post-dated cheques beyond the first month, detailed immigration status, or information tied to a banned ground of discrimination (origin, religion, pregnancy, social assistance, etc.).
Some requests, seemingly ordinary, are prohibited or abusive. Quebec's Human Rights Commission (CDPDJ) lists them clearly. Here are the main ones to ban from your process:
Never require from a rental applicant
- The social insurance number (SIN).
- A security deposit, damage deposit or post-dated cheques.
- Detailed immigration status or proof of citizenship.
- Ethnic origin, "race," religion, mother tongue.
- Civil status, pregnancy or the intention to have children.
- Sexual orientation or gender identity.
- Receipt of social assistance or any other transfer income.
Recall too that no security deposit is permitted in Quebec: only the first month's rent may be required before move-in. Any amount claimed in advance beyond that first month is prohibited by the Civil Code, even for a file you consider risky.
Sources: Commission des droits de la personne et des droits de la jeunesse, Access to Information Commission and Éducaloi.
Which grounds of refusal are banned by the Charter?
Refusing a tenant on a ground listed in section 10 of the Charter — social condition, civil status, origin, religion, age, disability, sexual orientation, pregnancy, etc. — is illegal discrimination, subject to a complaint to the CDPDJ.
Section 10 of the Charter of Human Rights and Freedoms prohibits discrimination based on a series of grounds. In housing, the most frequently at issue are social condition (which includes receiving social assistance or having a low income) and civil status (a single-parent family, a couple with children). Refusing an applicant on any of these grounds is illegal.
| Ground | Example of a banned refusal |
|---|---|
| Social condition | "I don't rent to people on social assistance." |
| Civil status / family | "No families with young children." |
| Origin / "race" | Rejecting an applicant because of their name or accent. |
| Pregnancy | Refusing an applicant because she is pregnant. |
| Disability | Refusing a tenant with a service animal. |
A tenant who believes they've been discriminated against can file a complaint with the CDPDJ, which may investigate and refer the matter to the Human Rights Tribunal. Awards for moral prejudice can be significant — a very real risk for a small landlord.
How to assess ability to pay without discriminating?
You have the right to assess whether an applicant can pay the rent. The legal nuance is essential: you assess a real ability to pay, not a category of people. The well-known "rent not exceeding 30% of income" rule is a management practice, not a legal obligation, and it cannot be used to exclude social assistance recipients or low-income earners outright — which would amount to discrimination on social condition.
- Consider all legitimate income sources, including benefits.
- Rely on verifiable facts: payment history, references.
- Apply the same criteria to every applicant.
- Document your decisions on an objective basis, in case they're challenged.
Rigorous property management doesn't stop at screening: it continues with a well-drafted lease (for example a pet clause compliant with Quebec law) and solid protection when problems arise, as our guide on insurance recourse for tenant-caused damage explains.
Common landlord mistakes
- Reusing an old rental form that asks for the SIN or civil status — often illegal today.
- Requiring a security deposit "for peace of mind": prohibited in Quebec.
- Running a credit check without written consent, or keeping the report indefinitely.
- Excluding social assistance recipients by default: discrimination on social condition.
- Asking personal questions (religion, plans for children, country of origin) during the viewing.
In short: verify what relates to ability to pay and history, obtain consent, apply the same criteria to everyone, and ban anything touching a Charter-protected ground. That's how you screen a tenant both effectively and legally.
