What Rental Documents to Request From a Tenant Candidate Before Signing the Lease
Before signing a lease, you need to assemble a complete rental application to assess your prospective tenant's financial stability and reliability. In Quebec, the documents you can request are strictly regulated by law. Some are essential, others are explicitly prohibited. Knowing the difference protects you legally and streamlines your screening process.
Required and Recommended Documents
Photo Identification
You can require a valid photo ID: driver's licence, passport, or RAMQ health card. The applicant must present the original, which you verify in person. You cannot make copies or retain the ID number.
This rule is strict. Making photocopies or retaining ID numbers violates Quebec's Law 25 on privacy protection. You risk a complaint to the Commission d'accès à l'information (CAI).
Proof of Income
Request the last two or three pay stubs, or an official letter from the employer confirming the position, gross salary, and length of employment. For self-employed applicants, a notice of assessment or financial statements from the past two years are sufficient.
The general rule: the applicant's gross annual income should cover at least 3 times the monthly rent. If an applicant earns $3,500 per month and your rent is $1,400, that's acceptable (3,500 × 3 = 10,500 vs 1,400 × 12 = 16,800). Adjust this ratio based on your risk tolerance.
If the applicant is between jobs, a job offer letter or confirmation from an employment center can temporarily compensate.
References from Previous Landlords
Contact directly the one or two previous landlords or property managers. Ask specific questions: Did the tenant pay rent on time? Were there recurring delays? What was the unit's condition upon move-out? Were there any neighbour complaints?
References are your behavioural barometer. Unpaid rent from a previous landlord signals real risk. A damaged unit suggests negligence with the rental property.
Written Authorization for Credit Check
To access the applicant's credit file from Equifax or TransUnion, you must obtain their explicit written consent in advance. This is mandatory in Quebec. Without consent, you cannot access any credit information.
Use a simple form that the applicant signs and dates. Keep this authorization in the file. A credit check reveals past payment delays, unpaid debts, and accounts in collection: key indicators of financial reliability.
Rental Application Form
Create or use a standardized form asking essential questions: full name, date of birth, current address, employer, previous references, reason for moving, dependents. This form documents your screening process and justifies your decision to the TAL if challenged.
Prohibited Documents and Legal Risks
Social Insurance Number (SIN)
It is strictly forbidden to request or record a tenant applicant's SIN. Even if the applicant offers it voluntarily, refuse it. The SIN is relevant only for tax withholding or federal transactions, not tenant screening.
Violating this rule exposes you to a CAI complaint and potential fines.
Health Insurance Number (RAMQ)
If you accept a RAMQ card as ID, you can verify its authenticity in person, but you cannot retain the number or make a photocopy.
Criminal Record and Judicial History
In Quebec, it is illegal to ask whether an applicant has a criminal record or judicial history. This prohibition stems from the Quebec Charter of Rights and Freedoms. Asking such a question constitutes discrimination based on judicial record.
The very limited exception: if the role involves regular contact with minors or sensitive information (rare in residential rental), a security check might be legal, but it requires prior legal consultation.
Deposit Before Lease Signature
Article 1904 of Quebec's Civil Code is clear: no deposit can be demanded before lease signature. No money of any kind, not even a
FAQ
Can you photocopy a tenant's ID to keep on file?
No, this is strictly prohibited in Quebec. You would violate Law 25 on privacy protection. You can verify the ID's authenticity by examining it in person, but you cannot photocopy it or record the number. Only exception: if the applicant gives written permission to retain a copy for lease purposes, but this is rare and must be legally justified.
How many pay stubs should you request at minimum?
Request the last two or three pay stubs. Two are sufficient to establish a regular income pattern. Three provide a stronger picture if income fluctuates or if one stub seems unusual. For self-employed applicants, replace pay stubs with a notice of assessment from the past two years or financial statements prepared by an accountant.
What if an applicant refuses to sign the credit check authorization?
You cannot access their credit file without written consent. It is the applicant's legal right to refuse. You can then weigh their other documents more heavily (references, income, employer verification). A categorical refusal may justify more conservative evaluation, but not automatic rejection unless other indicators are weak.
Can you ask about number of children or marital status?
No, this constitutes discrimination based on family status, prohibited by the Quebec Charter. You must never ask if the applicant has children, is married, separated, or a single parent. These details matter only if they directly affect financial capacity (for example, you discover during employer verification that the applicant supports dependents, but you did not ask directly).
How long must you keep tenant application documents?
Keep files until the selected tenant's lease ends, plus 3 years for prescription in case of legal recourse to the Rental Tribunal (TAL). For rejected applicants, 6 months to 1 year is sufficient. After this period, securely destroy all documents, especially those containing personal financial information.
Is it legal to require a guarantor or co-signer?
Yes, this is legal and common, especially for first-time renters, students, or applicants with marginal income. The co-signer must sign a written commitment accepting responsibility for unpaid rent if the primary tenant defaults. Also verify the co-signer's documents (income, credit) to confirm their ability to honour this commitment.