"Am I allowed to ask for that?" It's the question every landlord should ask before requiring anything from a candidate. In Quebec, the answer isn't a matter of common sense or custom: it's set by the Civil Code, the Charter of Human Rights and Freedoms, and Law 25. And several practices that are "normal" elsewhere in Canada are forbidden here.
This article answers, request by request, what a landlord may legally require from a tenant — and what's illegal, even if the tenant agrees. Because a tenant consenting to an illegal request doesn't make it legal.
The table: allowed, tolerated, forbidden
A quick overview before the detail. "Tolerated" means legal but to be handled with care.
| The request | Status in Quebec |
|---|---|
| Proof of identity (see the document) | Allowed |
| Proof of income (paystubs, employer letter) | Allowed |
| Consent to credit verification | Allowed |
| Prior-landlord references | Allowed |
| First month's rent up front | Allowed (one month only) |
| Endorser / guarantor | Tolerated (negotiable, not forcible) |
| Security / damage deposit | FORBIDDEN |
| Mandatory postdated cheques | FORBIDDEN |
| Social Insurance Number (SIN) | FORBIDDEN (as a condition) |
| Last month's rent up front | FORBIDDEN |
| Criminal record | FORBIDDEN as a criterion |
What you CAN ask for
One month's rent — but only one
You may require payment of the first month's rent at signing. That's the only advance payment permitted. Requiring both first AND last month, or several months up front, is illegal (Article 1904 CCQ).
Proof of income and a screening file
You have the right to assess the candidate's payment capacity: paystubs, employer letter, tax notice for the self-employed. It's the #1 criterion of a defensible screening. The exact list of documents is in our guide to the documents to ask a tenant.
Consent to credit verification
You may request written authorization to consult the Equifax or TransUnion file. Without this consent, the check is illegal. With it, it's fully permitted — and done without the SIN (name, date of birth and address suffice).
What you CANNOT ask for
A security deposit (even "refundable")
This is the most widespread illegality. In Quebec, ANY deposit — security, damage, key, or pet deposit — is forbidden, even if you promise to refund it. Article 1904 of the Civil Code allows only the first month's rent. A tenant who paid a deposit can claim a full refund at the TAL. We detail this in our article on the security deposit in Quebec.
Mandatory postdated cheques
You may propose payment by postdated cheques, but you cannot impose it as a rental condition. The tenant chooses their payment method. Requiring twelve postdated cheques to accept a candidate is illegal.
The SIN as a condition
The Social Insurance Number is protected by federal law. You can't make it a rental condition, and you don't need it for the credit check. If a candidate refuses to provide it, that's not valid grounds for refusal.
The last month's rent
Requiring last month's rent up front amounts to a disguised deposit — forbidden. Only the first month is permitted at signing.
The grey zones: guarantor, pets, 3x income
Can you require a guarantor?
You may ask for one, but not force it on every candidate without distinction — especially if the requirement systematically targets certain profiles (young people, newcomers), which can become discriminatory. A properly framed guarantor helps a weak file; poorly framed, it's worthless. Our guide on the lease endorser explains the exact clause to include.
Can you refuse pets?
Yes. No Quebec law requires a landlord to accept pets. A "no pets" clause in the lease is valid and enforceable. You can therefore refuse a candidate on that basis — as long as the rule is applied uniformly. We go deeper in our article on pets and the lease in Quebec.
Can you require income of 3x the rent?
The "income ≥ 3x rent" ratio (or 30% of gross income toward rent) is a widely used payment-capacity benchmark, and you may apply it — provided it serves as an objective criterion applied to everyone, not a pretext to screen out a protected profile. A candidate with slightly lower income but excellent credit and strong references shouldn't be mechanically rejected.
What is ALWAYS forbidden: protected grounds
Quebec's Charter forbids any selection based on a protected ground. You can never ask for — or use to decide — :
- Ethnic or national origin, "race", colour
- Religion or beliefs
- Sex, pregnancy, sexual orientation, gender identity
- Civil status and family situation (children, single parenthood)
- Age (except legal majority of 18)
- Disability or health condition
- Social condition (e.g., refusing a social-assistance recipient whose payment capacity is demonstrated)
Refusing a candidate on any of these grounds — or asking for a document that reveals them — exposes you to a CDPDJ complaint and damages. To build screening that holds up, see our objective selection criteria.
The reflex that protects you
Before each request, ask yourself two questions: "Is this allowed by law?" and "Am I asking ALL candidates the same way?" If the answer to both is yes, you're compliant. If either is no, back off.