Screening applicants
Can an Ontario landlord ask for a guarantor? The rules for co-signers
When an Ontario landlord can require a guarantor, the human rights limits, why the Landlord and Tenant Board won't order a guarantor to pay, and what to write down.
By the Tenant.ca teamUpdated 3 min read
In this guide6 parts
The short answer
Yes. Ontario's regulation on choosing tenants lets a landlord require a prospective tenant to obtain a guarantee for the rent (O. Reg. 290/98, section 2). The Ontario Human Rights Commission says you can ask for a guarantor to sign the lease only if you have the same requirement for all tenants, not just for people identified by grounds in the Human Rights Code, such as recent immigrants or people receiving social assistance.
Ask the same way for everyone
The same regulation lets you ask for credit references, rental history and permission to run a credit check, and for income information only alongside them (section 1). Nothing in it lets you refuse anyone because of a ground in the Human Rights Code (section 4).
The Commission adds that a lack of rental or credit history should not be viewed negatively, and that outside subsidized housing a rent-to-income cut-off, such as 30%, is illegal. Write down when you'll ask for a guarantor and apply it to every applicant.
What the Landlord and Tenant Board won't do
The Board's guideline on rent arrears says it will not make an order against guarantors, because they are not tenants; the Residential Tenancies Act doesn't give it the authority, even when the claim is about the tenant's unpaid rent. A claim against a guarantor goes to court instead: Small Claims Court hears claims up to $50,000.
What to put in writing
Ontario's guide to the standard lease doesn't mention guarantors, so set the guarantee out in a separate written agreement the guarantor signs, covering:
- The guarantor's full name, address and contact details
- The lease and rental unit it covers, and the date it starts
- What it covers: rent only, or other amounts the tenant may owe
- Whether it continues when the lease renews or the tenancy goes month to month, and any limit on the amount
- How and when the guarantor is told the tenant is behind
Deposits are limited
A guarantor doesn't change what you can collect up front: a rent deposit for the last month and a refundable key deposit are the deposits an Ontario landlord may take.
Where this fits
Tenant placement with Tenant.ca includes screening applicants and preparing the Ontario Standard Lease.
This page is general information, not legal advice. It reflects O. Reg. 290/98 on e-Laws (current to November 6, 2026), the Ontario Human Rights Commission's overview for landlords, the Landlord and Tenant Board's Interpretation Guideline 11 and the province's Small Claims Court page, as read on November 11, 2026. A lawyer or paralegal can draft or review a guarantee.