Residential Tenancies Branch

s.16, The Human Rights Code
s. 3, 6, The Personal Investigations Act

Definitions

Application forTenancy: a form that a landlord may ask a potential tenant to fill out; the Human Rights Commission provides a sample application for tenancy. An application form:

• gives the landlord information to help the landlord decide if the person has the ability to pay the rent;
  

• usually asks for information about current and previous landlords, character references, employer or source of income, and who to contact in case of emergency;
  

• sometimes contains terms that create a tenancy agreement once the person is accepted as a tenant (this can happen when no other written document is signed);

Co-signer : a person who signs a tenancy agreement along with the tenant and agrees to be responsible for the obligations of the tenant. For example: the obligation to pay rent and to pay for damages, etc.

Guarantor: a person who signs a separate agreement and attempts to guarantee that a tenant will meet the specific obligations set out in the guarantee itself.   For example: to be responsible for paying the rent.

A landlord may ask a potential tenant to complete an application for tenancy before entering into a tenancy agreement. This personal information can only be used in connection with the tenancy. For example: for considering the tenant’s application to rent or for contacting the tenant’s relative in case of an emergency.

<><><><>

In most cases, a landlord will also ask for a security deposit when a tenancy application is filled out.

<><><><>

The landlord should let the tenant know, as soon as possible, whether or not they are accepted. A tenant may withdraw their offer to rent a unit, but only if they do it before the landlord tells them their application is accepted.

<><><><>

The Personal Investigations Act states that to do an investigation the landlord must either:

• get the tenant’s written consent before doing an investigation; or
• notify the tenant in writing that an investigation was done, within ten days of granting or refusing tenancy.

<><><><>

The landlord may ask for a co-signer or a guarantor.For example: A landlord might ask for a co-signer or guarantor when:

• the tenant’s ability to pay rent is questionable; or
• the tenant doesn’t have a previous rental record.

<><><><>

The Branch only provides information on tenancy applications. The Branch does not decide whether or not a landlord has the right to refuse a prospective tenant’s application for tenancy.

Procedure

Overview   

This policy is included as information for landlords, tenants and officers. If a tenant and landlord aren’t able to solve a problem with a tenancy application on their own, they can ask the Branch for information.

Steps ▼   

1.   If a landlord or tenant have questions about a personal investigation, the       officer refers them to:

The Manitoba Consumers’ Bureau
302-258 Portage Avenue, Winnipeg MB R3C OB6
(204) 945-3800 or Toll-free 1-800-782-0067
Fax 945-0728
E-mail: consumersbureau@gov.mb.ca

2.   If a landlord or tenant have questions about discrimination, they may       contact:

The Manitoba Human Rights Commission
7th floor, 175 Hargrave St. Winnipeg MB R3C 3R8
(204) 945-3007 or Toll free 1-888-884-8681
Fax (204) 945-1292
E-mail: hrc@gov.mb.ca

340-9th Street, Brandon MB R7A 6C2
(204) 726-6262 or Toll free 1-800-201-2551
Fax (204)726-6035


Website: www.gov.mb.ca/hr

Forms & Form Letters

X-Referencing

For more information on co-signers, see Co-signers and Guarantors in Section 2.

Policy Developed

September, 1992

Last Revision

March, 2004

Other Resources

Branch fact sheet:
   Facts About Before You Rent – Landlord’s Guidelines

See the Housing Guidelines booklet available from the Human Rights Commission.

  Top