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Choosing a tenant: what Quebec law allows, and what it doesn't

A landlord may check an applicant's identity, references and ability to pay, with consent. The law rules out discrimination, unnecessary personal information and security deposits.

Published 6 min read By the Location Ajax team
Choosing a tenant: what Quebec law allows, and what it doesn't

In Quebec, the owner chooses the tenant, but within a clear framework. You may check an applicant's identity, their record as a tenant and, with their consent, their ability to pay. You may not turn someone away on discriminatory grounds, or require information that isn't necessary to assess the application, such as a social insurance number, a pay stub or a void cheque.

You also cannot ask for a security deposit: only the first month's rent may be required in advance. Here is what the law allows and what it rules out, point by point, based on guidance from the Tribunal administratif du logement (TAL), the Commission d'accès à l'information (CAI) and the Commission des droits de la personne et des droits de la jeunesse (CDPDJ).

The ground rule: no discrimination

Quebec's Charter of human rights and freedoms prohibits discrimination on a number of grounds, including:

Renting a dwelling is a contract offered to the public, so you cannot refuse to enter into it on any of these grounds. The Civil Code of Québec (art. 1899) adds that a landlord may not refuse an applicant, or impose stricter conditions, because she is pregnant or because they have children, unless the size of the unit justifies it. Nor may a landlord do so because the person has exercised their rights as a tenant. Punitive damages may be awarded.

The CDPDJ reminds landlords of a few simple principles:

What you may ask for

Quebec's private-sector privacy law sets one principle: collect only what is necessary to assess and manage the rental application. The CAI (page in French) gives a concrete list, which the TAL reproduces.

Identity

First and last name and current address. You may ask to see a piece of ID (driver's licence, health card, passport) to confirm the person is who they say they are. You may not photocopy it, photograph it, keep it or write down its numbers.

Record as a tenant

The name and contact details of current or past landlords, or of the building's janitor. A reference letter from a previous landlord can take their place.

Ability to pay, with consent

With the applicant's agreement, you may check their payment history with their landlords and run a credit check. For the credit check, name, address and date of birth are enough: according to the CAI, the social insurance number is not needed. The applicant may also provide proof themselves: a credit attestation from their bank, a landlord's letter, proof of regular payments (electricity, telecom), or an extract from their credit file.

A student or a newcomer with no rental or credit history must still show they can pay. The parties then agree on suitable proof, within the law. The same rules apply to a sub-tenant or an assignee proposed by your tenant.

What you may not require

AllowedNot allowed to require
Name and current addressSocial insurance, health card, driver's licence or passport numbers
Seeing a piece of IDPhotocopying, photographing or keeping it
Contact details of current or past landlordsEmployer's name and contact details, job title, years on the job
A credit check with consentSalary, T4, pay stubs, account balance or number, void cheque
Date of birth, for the credit checkLicence plate, make or colour of car
—Number of occupants, age and sex of children, custody arrangements

You cannot reject an applicant for declining to give you those numbers. A person asked for unnecessary information may complain to the CAI. The CDPDJ also suggests running a credit check only when the applicant cannot otherwise show that they pay their bills regularly.

Money: no deposits in Quebec

The TAL and article 1904 of the Civil Code are clear:

A clause to the contrary has no effect. The same goes for a clause making all remaining rent payable after a single late payment (art. 1905).

Two issues to watch in 2026

Pets

In March 2026, the TAL struck down a clause banning all animals from a unit, finding it abusive in the circumstances of that case. The Cour du Québec has granted leave to appeal. It is therefore not settled law: pet clauses remain common in leases, but how far they reach may change.

Short-term rentals

Since 1 September 2026, a tenant who offers their unit as tourist accommodation (page in French) must obtain the written consent of the owner (or of the condo syndicate) at each annual renewal of their registration, using a standard form. The owner therefore decides every year.

After the choice: the lease

Once the tenant is chosen, the lease is signed on the TAL's mandatory form, the tenant receives a copy within 10 days, and Section G is filled in with the lowest rent paid in the previous 12 months. We cover these rules in our article on the mandatory lease, Section G and lease assignment.

Key takeaway: a written screening process, the same for every applicant, based on consent and limited to what is necessary, is an owner's best protection against a complaint to the CDPDJ or the CAI.

How we handle it

When we handle leasing, we apply the same criteria to every applicant: identity checked without copying documents, calls to past landlords, a credit check only with the applicant's written consent, then the TAL lease and a move-in report. You get a clear file to make your decision.

Have a unit to rent in Montréal, Laval, the South Shore or the North Shore? Tell us about it through the contact form: a 30-minute consultation and a written quote, both free.

This article provides general information as of 25 September 2026. It is not legal advice. For a specific situation, check with the Tribunal administratif du logement or a lawyer.

Frequently asked questions

Can a landlord ask for a social insurance number?

No. According to the CAI, name, address and date of birth are enough for a credit check, and a landlord cannot reject an applicant who declines to give that number.

Can a landlord require a security deposit in Quebec?

No. The landlord may only require the first month's rent in advance. Security deposits and key deposits are prohibited by article 1904 of the Civil Code.

Can a landlord ask for proof of income or a pay stub?

No, salary, pay stubs and the employer's name cannot be required. The applicant can show ability to pay in other ways, such as a credit check done with their consent or an attestation from their bank.

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