Choosing a tenant is one of the most important decisions you make as a landlord. A consistent, written process protects your rental, treats applicants fairly, and keeps you on the right side of Manitoba's Human Rights Code.

Start with written criteria

Before you advertise, write down what a qualified applicant looks like. Keep it to things that actually predict a successful tenancy: ability to pay, a reliable rental or payment history, and willingness to follow the lease. The Manitoba Human Rights Commission says landlords and rental agents may screen on criteria such as ability to pay, income stability and suitability, using application forms, interviews and reference checks. The condition is that each applicant is assessed individually, not on assumptions or impressions.

Then use the same form, the same questions and the same criteria for everyone. Write it down once. Follow it every time.

If a manager screens for you, remember that the Code says a person can also be held responsible when their agent breaks it while acting within their authority. Ask how your manager screens.

What you can verify

  • Identity. Look at government ID to confirm the applicant is who they say they are. The Office of the Privacy Commissioner of Canada (OPC) notes you likely do not need to keep a copy of a licence or pay stub just to confirm identity or income.
  • Income. The Commission says a landlord can ask about the applicant's employer, position and salary to assess ability to pay. You may use a rent-to-income ratio, but the Commission says to look at the applicant's complete financial picture and let them list income from all sources, including non-employment income, and offer a guarantor or co-signer.
  • Rental history and references. Ask for current and previous landlords. The Commission says a landlord may ask for rental history to judge reliability. It also warns that refusing someone only because they have no references can unreasonably exclude a newcomer, a young person, or someone who has always owned their home. Where there is no history, ask what else they can show.
  • Credit, with consent. The RTB tells landlords to get written permission before checking anything an applicant provides. The OPC says you need consent to share personal information with a credit reporting agency, and that a credit check needs at minimum a name, address and date of birth. A Social Insurance Number is not required, so if you ask, mark it optional.
  • RTB orders. The RTB has a public Orders System that landlords can use for a fee, which lists final orders against tenants and landlords.
  • A guarantor, for a reason. The RTB says you may ask for a guarantor when you have a valid reason to worry about a particular applicant's ability to pay, such as a poor rent or credit history. You cannot require one of whole groups, for example everyone aged 18 to 25.

What you cannot ask or decide on

Section 16 of the Human Rights Code prohibits discrimination in renting a residence, including the terms and conditions of the tenancy. Section 9(2) lists the characteristics that are protected:

  • ancestry, including colour and perceived race
  • nationality or national origin
  • ethnic background or origin
  • religion or creed, or religious belief, association or activity
  • age
  • sex, including pregnancy and related circumstances
  • gender identity
  • gender expression
  • sexual orientation
  • marital or family status
  • source of income
  • political belief, association or activity
  • physical or mental disability, including reliance on a service animal, wheelchair or other device
  • social disadvantage

The Commission's housing guideline gives plain examples. Refusing families with children because they might be "too noisy" is likely family-status discrimination. A rental ad that requires proof of Canadian citizenship can unreasonably exclude permanent residents. An ad demanding three months' rent as a deposit may unreasonably exclude seniors, people on social assistance and others. Refusing someone only because their income is disability benefits may be discrimination based on source of income, disability or social disadvantage.

Questions about marital or family status, ancestry, religious belief or medical needs, the Commission warns, can force disclosures that are not relevant to screening. Stick to questions tied to your written criteria.

Section 16 does not apply when the person who lives in a home chooses a boarder or roomer, or when an owner who lives in one side of a duplex chooses a tenant for the other side. Even then, section 18 still prohibits discriminatory ads and statements, and the RTB rules still apply.

Disability needs a particular mention: the Commission says a landlord must consider reasonable accommodation, and the RTB says a pet damage deposit cannot be charged for a service animal that a tenant relies on. A separate pet can still carry a pet deposit.

Red flags that deserve a closer look

These are reasons to ask more questions, not automatic rejections:

  • An incomplete application, or details that do not match between documents
  • A current landlord who will not confirm anything, or who is evasive
  • An unwillingness to allow any verification at all
  • Pressure to skip steps, or to hand over cash before signing
  • An RTB order that shows an unpaid debt or a pattern of problems

Note what is not on the list: anything connected to a protected characteristic. If you cannot explain a decision using your written criteria, pause.

Records and privacy

  • Collect only what you need, and explain why you are collecting it. The OPC says landlords should limit collection and identify their reasons at or before the time of collection.
  • Protect it. Locked cabinets for paper and passwords for files.
  • Do not keep it forever, and destroy it so it cannot be recovered.
  • Skip the social-media digging. The OPC advises against using social networks as an informal background check, and says informal checks, such as asking another landlord, are still a collection of personal information.
  • No "bad tenant" lists. The OPC says landlords do not have the right to share a poor payment history on unregulated lists.
  • Keep a short record per applicant: the application, what you verified, and a line noting how the decision follows your criteria.

The OPC says privacy law governs landlords handling personal information in the course of commercial activity. Whether it applies to your situation is a question for the OPC or a lawyer, but these are sound habits either way.

A one-page screening checklist

  • Written criteria prepared before advertising
  • Ad contains nothing that excludes a protected group
  • Same application and questions for every applicant
  • Consent signed before references and credit are checked
  • Identity, income and references verified, not assumed
  • Guarantor requested only for a specific, valid reason
  • SIN marked optional (or not requested)
  • Decision recorded against the criteria
  • Personal information stored securely, then destroyed

How Nate's Pro helps

Careful screening is one of the things Nate's Pro does for owners. Nate runs tenant screening as part of finding the right tenant, from advertising and showings through lease preparation and signing. Owners get a consistent process and a second set of eyes before keys change hands. Careful screening is also the first defence against unpaid rent. Learn more about property management in Steinbach.

This is general information, not legal advice. Rules change, so check the Residential Tenancies Branch or talk to us about your situation.