What Landlords Can't Ask (or Reject a Tenant For)
Screening protects a property, but it isn't unlimited — rejecting an applicant on the wrong basis can expose a landlord to a discrimination complaint.
- Act
- Constitution of India — Article 15 (Prohibition of Discrimination) (1950)
- Act number
- Part III, Article 15
- Enacting authority
- Constituent Assembly of India
This article is for general information only and does not constitute legal advice. Always verify current provisions against the official source before relying on them.
Screening has to relate to tenancy risk
Legitimate screening — income verification, rental history, police verification — is meant to assess whether an applicant can reliably pay rent and maintain the property. Questions or rejections unrelated to that risk sit outside what screening is meant to do.
Grounds that invite legal and reputational risk
Blanket rejections based on religion, caste, marital status, or dietary preference, common informally in parts of India's rental market, run against constitutional non-discrimination principles and increasingly draw scrutiny from housing societies and local authorities.
Keep the decision documented and consistent
If an applicant is rejected, the reason should trace back to a screening criterion applied consistently to every applicant — insufficient income proof, an unverifiable rental history, a failed police verification — not a criterion that shifts depending on who's asking.
The practical safeguard
A written, consistent screening questionnaire (see the companion guide on building one) doubles as a landlord's best defence if a rejected applicant ever questions the basis for the decision.