Questions Your Landlord Should Not Ask You

• Published date: 13 May 2020
• Author: Mr Robert Adourian and Afras Khattak
• Subject Matter: Employment and HR, Government, Public Sector, Real Estate and Construction, Discrimination, Disability & Sexual Harassment, Human Rights, Landlord & Tenant - Leases
• Law Firm: Devry Smith Frank LLP

As a tenant you have rights including the right to privacy and the right to notice upon a landlord's entry into your premise. As a renter, you should be aware that there are questions that a landlord simply cannot ask you, be it once you have occupied the property or in the stages of completing a rental application.

• Nationality - A landlord cannot discriminate against you based on your nationality, citizenship or anything related to your ethnic background. This question should never be asked.
• Sexual Orientation - A landlord cannot ask you if you are straight, gay, lesbian, queer bisexual, etc and they cannot deny you a rental unit based on your gender identity or orientation.
• Religion - A landlord cannot ask you about your religious affiliation or if you are religious in general.
• Public Assistance - While a landlord has the right to know if you are employed, they do not have the right to know where all of your money comes from. If you are employed but on public assistance for example, your landlord cannot treat you differently or deny you the unit.
• Family Status - Though a landlord has the right to ask you how many people will be living in the unit they cannot ask if you are pregnant or plan to have children in the future. In that same vein, landlords cannot turn applicants away based on their relationship status.
• Age - Landlords also cannot discriminate against a renter or applicant based on age. This includes people who are 16 or 17 years old and no longer living with their parents However, note that a landlord is entitled to verify that an applicant is of age to enter into a legally binding contract. For the purposes of housing, age is defined under the Ontario Human Rights Code as 16 years of age or older as long as the applicant has withdrawn from parental control.
• Physical Disability - A landlord cannot ask you if you have a physical disability. Such disabilities are protected under human rights legislation and can be viewed as a form of discrimination.
• Mental Disability - Much like a physical disability, a landlord cannot ask you if you have a prior or current mental disability. Such disabilities are also protected under human rights legislation and can be viewed as a form of discrimination.
• Notice - As mentioned above, landlords must give proper notice before entering the premise. This question cannot merely be asked at the time of entry but must rather be obtained withing 24-hours minimum of the desired entry time.
• Repairs - Your landlord is...