Good Screening Prevents Evictions. Bad Screening Invites Complaints.
The best eviction strategy is selecting tenants you never need to evict, and Ontario law gives landlords real tools to do it: applications, credit checks, income information, references, and guarantors are all permitted when used correctly. But the Human Rights Code draws firm lines, and landlords cross them constantly without realizing — in advertisements, in interview questions, and in the reasons they give for refusals.
A human rights complaint is expensive to defend even when you win, and screening practices are the most common trigger. Receipt of public assistance, family status, age, citizenship, and disability are all protected in housing; refusing an applicant for reasons connected to them, or asking questions that suggest you did, creates exposure.
We help landlords build screening processes that are both rigorous and defensible — and we advise on individual applications when something looks wrong but you are not sure you can act on it.
What the Law Permits — and Prohibits
The framework in brief:
- Landlords may request rental history, credit references and credit checks, and income information — but income information must be considered together with the other information, not used alone to screen out applicants
- Landlords may require a guarantor or, where permitted, additional lawful deposits — but only within the RTA’s strict deposit rules
- Refusals cannot be based on Code-protected grounds, including receipt of public assistance, family status, citizenship, age, or disability
- Advertisements and interview questions are evidence: “professionals only,” “no kids,” or questions about origin or family plans create liability before any refusal happens
- Documenting lawful, consistent reasons for each decision is the best protection if a refusal is ever challenged
Common Scenarios We See
Landlords often contact us where:
- A landlord wants a written screening process their whole operation can follow
- An applicant looks risky and the landlord wants to know whether the refusal is lawful
- A rejected applicant has threatened or filed a human rights complaint
- Advertising copy and application forms need a compliance review
- A property manager wants staff trained on what they can and cannot ask
How We Assist
We assist landlords with:
- Designing application forms and screening criteria that comply with the Code and its regulations
- Reviewing advertisements and listing language before they create exposure
- Advising on individual refusal decisions in real time
- Structuring guarantor and deposit arrangements within the RTA’s limits
- Defending landlords in human rights complaints arising from screening
- Training staff and property managers on compliant screening practice
Why Consistency Is the Whole Defence
Screening complaints are rarely about a single question; they are about patterns. A landlord who applies written criteria the same way to every applicant, and documents the lawful reason for each refusal, is nearly impossible to build a complaint against. A landlord who decides case by case on instinct is a complaint waiting for a complainant.
Book a Consultation
Before your next vacancy, make sure your screening process is an asset rather than a liability. Contact us for a compliance review.