Tenant credit check in Québec: the landlord's rights and limits

You have found a promising applicant for your unit. Before handing over the lease, a question arises: do you have the right to check their credit file? The answer is yes, but this right is governed by precise rules that every landlord must know. In Québec, a tenant credit check is a common and legally permitted practice, provided you respect the applicant’s consent, the data you are allowed to collect and the limits imposed by privacy legislation.

This article explains what you can do, what you cannot ask for, and how to integrate this check into a rigorous, legally compliant screening process.

What the law allows in Québec for a tenant credit check

In Québec, the collection of personal information about a rental applicant is governed by the Act respecting the protection of personal information in the private sector. The Commission d’accès à l’information du Québec (in French) specifies that the data collected must be strictly necessary to verify the identity and payment habits of the future tenant.

In practice, this means you can carry out a credit check to assess an applicant’s creditworthiness, but you must first obtain their written consent.

Consent: a non-negotiable condition

Before launching any check, you must have the applicant sign a consent form. Without this consent, no credit check is allowed. The applicant can refuse, but you are then entitled not to rent the unit to them, as long as your decision is not based on a discriminatory ground within the meaning of the Charter of human rights and freedoms.

The consent form must clearly state:

• The nature of the checks that will be carried out
• How the information collected will be used
• The identity of the owner or manager making the request

What you can ask for, and what you cannot

To carry out a credit check, you only need the applicant’s name, address and date of birth. That is enough to query the Equifax or TransUnion databases. The social insurance number is not required and you do not have the right to demand it.

Nor can you keep a copy of an identity document. You can ask to see a piece of ID to confirm the applicant’s identity, but photocopying or photographing it is prohibited.

How to read and interpret a credit file

Once you have the report in hand, the goal is not to find a perfect file, but to assess the risk in a reasoned way. Here are the elements to consider.

Credit score and payment habits

The credit score is expressed on a scale of 300 to 900. A score above 660 is generally considered acceptable. Below 600, the risk of non-payment is statistically higher, but this number alone should not dictate your decision.

What matters more is the payment history: has the applicant regularly paid their debts on time? Are there recent defaults or significant amounts in arrears?

Bankruptcies, debts and judgments

The presence of a bankruptcy in the file does not automatically disqualify an applicant. A bankruptcy resolved several years ago may indicate a past situation that has since been turned around. On the other hand, recent judgments or active unpaid debts are signals to take seriously.

Interpretation must always be done in the applicant’s overall context. A student or a newcomer to the country may have no credit history at all without it being a sign of poor financial management.

The tenant credit check in a complete screening process

The credit check is one tool among others. It gives a picture of financial health, but says nothing about the applicant’s behaviour as a tenant. A rigorous screening process integrates several complementary elements.

A complete screening file should include:

• Credit check (with consent)
• Proof of income or employment letter
• References from previous landlords
• Letter of recommendation or credit attestation from a financial institution
• Criminal background check (optional, depending on the profile)

Verification method	What it reveals	What it does not reveal
Credit check	Creditworthiness, debt payment history	Behaviour as a tenant
Landlord references	Care of the unit, punctuality	Current financial situation
Proof of income	Ability to pay	Past payment habits
TAL check	History of rental disputes	State of the credit file
Criminal background	Criminal record	Rental history

An applicant can have excellent credit and be a bad tenant. Another can have limited credit and have been reliable for ten years. It is the combination of all these elements that allows an informed decision.

Entrust tenant screening to a professional property manager

What a landlord risks by not checking

Not carrying out a check is not an offence in itself. But it is a risk that many landlords underestimate until they experience non-payment or a case before the Tribunal administratif du logement (TAL), Québec’s rental housing tribunal.

TAL proceedings for non-payment of rent can take several months, and delays have increased in recent years. Meanwhile, the unit is occupied and losses accumulate. Rigorous screening upfront is the best protection against this type of situation.

If you manage several units, the time spent on each file adds up quickly. Delegating this step to a professional property manager ensures a systematic, documented check that complies with legal requirements.

Prohibited discrimination: the limits not to cross

Even with a legally obtained credit check, you cannot refuse an applicant on grounds protected by the Charter of human rights and freedoms. These grounds include, among others, ethnic origin, social condition, family situation and age.

Using the credit check as a pretext to rule out an applicant belonging to a protected group exposes the landlord to a complaint to the Commission des droits de la personne et des droits de la jeunesse (in French). The decision not to rent must always be based on objective criteria related to the ability to pay and rental behaviour.

Conclusion

A tenant credit check in Québec is a legitimate and useful tool, provided it is used correctly. Written consent, data limited to what is strictly necessary, a decision based on objective criteria: these three principles sum up the legal framework to respect. Integrated into a complete screening process, this check significantly reduces the risk of non-payment and disputes. For landlords who prefer to delegate this step to professionals, a turnkey rental management service can handle tenant screening from marketing through to lease signing.

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FAQ

Can a landlord refuse a tenant because of their credit in Québec?

Yes, a landlord can refuse an applicant whose credit file shows significant risks of non-payment, such as repeated payment defaults or recent judgments. This refusal must, however, be based on objective creditworthiness criteria, and not on grounds protected by the Charter of human rights and freedoms, such as ethnic origin or social condition.

Is a credit check mandatory to rent a unit in Québec?

No, a credit check is not mandatory in Québec. It is a common and recommended practice, but the law does not impose it on the landlord. The landlord can choose other verification methods, such as references from previous landlords or proof of income. If the landlord decides to carry one out, they must obtain the rental applicant’s written consent.

What should you do if an applicant refuses to consent to a credit check?

If an applicant refuses to consent to the credit check, the landlord can refuse to rent the unit to them, provided this refusal is not based on a discriminatory ground. The applicant can also offer to provide their own credit report or other documents attesting to their ability to pay, such as a letter from their financial institution or proof of stable income.