Can a tenant be evicted for lying on their application?

Alberta's Personal Information Protection Act applies to landlords who rent for profit. The privacy commissioner's guidance says to collect only what is reasonably needed to decide whether to rent, which can include reasonable proof the person can pay rent and references. ID can be looked at to verify identity, but copying or keeping it may not be reasonable, and a credit check needs the tenant's consent.

The Residential Tenancies Act does not list a false application as a ground. A landlord can serve at least 14 days' notice for a substantial breach, such as illegal acts. The tenant can object in writing before the 14 days end, and the landlord must then get an order from the tribunal or court.

British Columbia's Personal Information Protection Act covers landlords. The privacy commissioner's guidance says a landlord may view government photo ID but should not copy or keep it, may ask for proof of income if the applicant cannot give adequate references, and may do a credit check only after telling the applicant the purpose and getting consent. A landlord cannot make a tenancy conditional on consenting to more collection than the tenancy needs.

A false application is not a listed ground. A landlord can serve a One Month Notice for cause for matters such as illegal activity that has caused or is likely to cause damage or disturbance. The tenant has 10 days to apply to the Residential Tenancy Branch to dispute it, and a tenant who does not is treated as having accepted the end date.

Manitoba has no provincial private-sector privacy law for landlords, so the federal law applies. A landlord may ask to see pay stubs and ID if it says why, and likely should not keep copies. A credit check needs consent, and the Manitoba Human Rights Commission says a landlord must assess each applicant individually. We found no Residential Tenancies Branch page on what a landlord may collect from applicants.

The Act does not list a false application as a ground. A tenant or guest must not carry on unlawful activity that damages the property or interferes with others, and the landlord can give notice after a written warning, or on 5 days' notice where there was a significant risk or substantial interference. If the tenant does not move out, the landlord applies to the Branch for an order of possession.

Saskatchewan has no provincial private-sector privacy law for landlords, so the federal law applies. A landlord can ask to see a driver's licence or pay stubs if a reasonable person would find the purpose appropriate, and likely does not need to keep copies. A credit check needs consent, and an applicant cannot be refused for not giving a Social Insurance Number. The Residential Tenancies Act has no screening or privacy rule for applicants.

A false application is not a listed ground. A landlord can give notice for cause that takes effect not earlier than one month after receipt, including for noxious, offensive or illegal activity, and must first give a reasonable period to remedy anything that can be remedied. The tenant has 15 days to dispute in writing, after which the landlord must apply to the Office of Residential Tenancies and prove the case.

The federal law covers Ontario landlords, and the Human Rights Code regulation sets limits on screening. A landlord may ask for credit references, rental history and authorization for a credit check, and may ask for income information only if it also asks for those items and weighs them together. The Ontario Human Rights Commission says a fixed rent-to-income cut-off is illegal. Application fees are banned.

The nearest direct ground is the notice for misrepresenting income in a rent-geared-to-income unit, which gives 20 days. Other notices cover illegal acts (10 days for illegal drug production or trafficking, 20 days otherwise), overcrowding and damage. A notice does not end the tenancy by itself. If the tenant stays, the landlord applies to the Landlord and Tenant Board, and the tenant can explain at the hearing.

New Brunswick has no provincial private-sector privacy law for landlords, so the federal law applies. The provincial government says a landlord may ask for name, contact information, employment information and references, and may request a credit check. The Human Rights Commission says asking for income information, rental history or credit checks is not discrimination, but it must not violate dignity and privacy or be used to exclude protected groups.

A false application is not a listed ground. Where a tenant fails to comply with the Act or the lease, the landlord serves a notice stating the complaint, and if the tenant does not comply the landlord reports to the Tenant and Landlord Relations Office. The government also lists conducting illegal activity on site as a ground to apply to end a lease early.

Nova Scotia has no private-sector privacy law the federal government treats as equivalent, so the federal law applies to landlords. A credit check needs the applicant's consent, a Social Insurance Number cannot be required, and a landlord may ask to see ID and proof of income but likely does not need to keep copies. The government renting guide lists name, contact details, employment information and references as standard application information.

A false application is not a listed ground. A landlord can apply to the Director to end a tenancy for illegal activity that damages the property, harms other occupants or jeopardizes their lawful rights. The Director may also allow a notice where the tenant is in default of an obligation under the Act, the regulations or the lease.

Prince Edward Island has no provincial private-sector privacy law, so the federal law applies. A landlord needs the applicant's consent to share their information with a credit reporting agency, cannot require a Social Insurance Number, and may ask to see a driver's licence or pay stubs but likely does not need to copy them. The Residential Tenancy Act has no rules on what a landlord may ask applicants for.

A false application is not a listed ground. A for-cause notice covers illegal activity that damages property or harms other occupants and a material breach not fixed after written notice, among other things. It takes effect not earlier than one month after receipt, and the tenant has 10 days to dispute it by applying to the Director.

The federal privacy law applies to landlords here. The provincial Human Rights Act says its housing rule does not stop a landlord from using income information, credit checks, credit references, rental history and guarantees to choose tenants. The Commission says income information should be used only to check ability to pay, and a lack of credit history alone should not be a reason to refuse. The Residential Tenancies Act has no rule on what a landlord may collect from applicants.

A false application is not a listed ground. For a breach of a material term, the landlord first gives written notice to fix it, and if it is not fixed in a reasonable time can give a notice of not less than one month before the end of the rental period. The standard form of agreement also has terms on residential use and on illegal activity.