Tenant has prior LTB orders against them — automatic disqualifier?

A prior LTB order is RELEVANT but not automatically disqualifying — the LTB and HRC have both said as much.

**Why it's relevant:** Past tenancy behavior is a legitimate landlord interest. A pattern of non-payment, damage, or interference is exactly what you're trying to avoid.

**Why it's not automatic:**
- The applicant has the right to explain the context (job loss, illness, dispute that was resolved).
- An old order alone doesn't predict current behavior — recent payment history is more probative.
- Reflexive disqualification based on "prior LTB" can trip Human Rights Code protected grounds if the order was tied to a protected ground (mental health, family status, etc.).

**The defensible framing:**

1. Note the prior order in your screening file. Look up the actual order text on landlordezy.ca — it tells you what happened.
2. Ask the applicant to explain (in writing). Their response, or refusal to respond, becomes part of your record.
3. Decide based on the totality: how recent is the order, what was the conduct, has the applicant addressed it, what does their other reference / credit / income data show?
4. If you decline, document the basis: "declined because the prior LTB order shows a pattern of unpaid rent and the applicant has not provided evidence of changed circumstances." NOT: "declined because of LTB order."

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