Finding the right tenant from the start in Montreal, Laval or Longueuil begins well before the credit check: it begins with the conversation. The questions you ask a candidate determine the quality of the information you get — and, above all, they must stay strictly within what the law allows you to ask.
This article gives you a concrete framework: which questions focus on objective criteria, which are flatly prohibited by the Charter of Human Rights and Freedoms, and how to run pre-screening in a way that is both effective and compliant. The goal is simple: build a strong file while respecting the candidate — which is also what protects the landlord.
The principle: only objective criteria can be questioned
In Quebec, a landlord has the right to select their tenant — but only on the basis of objective criteria tied to the candidate's ability to meet their obligations as a tenant. Ability to pay, the strength of the file, rental history and references are legitimate. Origin, religion, age (other than legal majority), family situation or pregnancy never are.
Every question you ask should be justifiable by a legitimate assessment goal. If the answer doesn't help you measure ability to pay, seriousness or compliance — and instead touches a protected ground — that's the signal not to ask it. For the full framework, see our guide to objective tenant-screening criteria.
The questions you may ask — for every candidate
These questions focus on objective criteria. Ask them identically of every candidate: that's the best protection against any appearance of differential treatment.
| Area | Sample question | What it assesses |
|---|---|---|
| Ability to pay | What is your income and its source (employment, self-employment, other)? | The ability to pay rent steadily |
| Stability | How long have you held your job or income source? | The regularity and reliability of income |
| Rental history | Where do you live now, since when, and why are you leaving? | The seriousness and continuity of the rental track record |
| References | Do you agree to my contacting your current and previous landlord? | Independent validation of tenant behaviour |
| Compliance | Do you consent to a credit and rental-history check? | Consent to lawful verifications |
| Occupancy | How many people will occupy the unit? | Fit with the unit (without targeting family composition) |
The questions that are off-limits — never ask them
The Charter of Human Rights and Freedoms prohibits refusing a tenant — or assessing them differently — on the basis of a protected ground. The following questions touch those grounds and have no place in pre-screening, even when framed 'out of curiosity' or 'to get to know' the candidate.
| Prohibited question | Protected ground involved |
|---|---|
| Where are you from? What's your national origin? | Ethnic or national origin |
| What's your religion? Do you practise? | Religion |
| How old are you? | Age (beyond mere legal majority) |
| Are you married? Do you have children? Planning any? | Civil status, family situation, pregnancy |
| Are you pregnant? | Pregnancy |
| Do you have a disability or health condition? | Disability |
| What's your sexual orientation? | Sexual orientation |
| Are you on social assistance? | Social condition |
The '30% ratio' rule: a benchmark, not a cut-off
Many landlords use a benchmark whereby rent shouldn't exceed about 30% of gross income. It's a useful indicator of ability to pay — provided you treat it as one benchmark among others, applied the same way to everyone, and not as a rigid threshold that would mechanically exclude, say, people with more modest incomes but spotless files.
Ask about income to measure ability to pay, not to judge the candidate. A history of on-time payments, solid references and a complete file can well offset a slightly higher ratio. It's the whole file that decides.
Structuring pre-screening: the same grid for everyone
Consistency is your best protection. By asking the same questions, in the same order, of every candidate, you get comparable files and you eliminate any risk of an appearance of differential treatment.
- 1Prepare a written grid of objective questions, identical for each candidate.
- 2Announce the planned checks up front (credit, references) and collect consent.
- 3Record factual answers, without subjective commentary about the person.
- 4Compare files on the same objective criteria — ability, stability, references, compliance.
- 5Keep your notes: a documented file supports a decision based on legitimate criteria.
The broker's role and the final decision
At AA Location, pre-screening and verification are conducted with methodical rigour, overseen by an OACIQ-member real estate broker who then coordinates the lease signing between the landlord and the selected tenant. But one thing never changes: the landlord keeps the final decision on the choice of tenant. We recommend a complete, objective and compliant file — you decide.
That combination — objective questions, consented checks, a respected legal framework, and a decision that stays in your hands — is exactly what makes it possible to rent faster to a reliable tenant without exposing yourself to a discrimination claim.
Common mistakes to avoid
- Asking about a protected ground 'just to chat' — intent doesn't change the prohibition
- Varying your questions from one candidate to the next, creating an appearance of differential treatment
- Screening out a candidate over the source of their income rather than their real ability to pay
- Turning the 30% benchmark into an automatic cut-off without looking at the whole file
- Running checks without having collected the candidate's explicit consent