In the US a landlord can usually look at an applicant's public social media without breaking a law, but it is rarely a good idea. A profile shows race, religion, family status and disability, all protected under fair housing law, and a paid service that compiles it can create a consumer report. In Canada, the federal privacy regulator advises landlords not to screen through social networks at all. This is information, not legal advice.
Is it legal for a landlord to look at your social media?
Looking at a public profile is not illegal in most US states. No federal statute bans it. What the law controls is how the information is used. The Fair Housing Act, 42 U.S.C. 3604, bars refusing to rent because of race, color, religion, sex, familial status, national origin or handicap, and a refusal shaped by what a landlord saw online is judged by that list like any other.
Most applicants have something to find. A Pew Research Center survey of 5,022 US adults in 2025 found 84% use YouTube, 71% use Facebook and half use Instagram.
Why is a social media check risky under fair housing law?
Because a profile shows the things you are not allowed to weigh. A photo shows race and apparent age. A post shows a church, a pregnancy, three children or a wheelchair. Once a leasing agent has seen it, proving it played no part in a denial is hard.
The second risk is uneven use. If one agent searches some applicants and not others, the pattern can track a protected class even if nobody meant it to. Our fair-housing screening checklist covers how to write criteria that apply to every file the same way.
When does a social media check become a consumer report?
When a company compiles it for you. In 2012 the data broker Spokeo paid $800,000 to settle FTC charges that it sold profiles, built partly from social networks, for screening without following the Fair Credit Reporting Act. The FTC alleged Spokeo was acting as a consumer reporting agency. Its profiles could include ethnicity, religion and photos. That case involved job screening, but the same law covers tenant screening reports, so a paid social media report can bring FCRA notice duties with it, including the adverse action notice when you deny.
Can a Canadian landlord check your social media?
The Office of the Privacy Commissioner of Canada treats it as a collection of personal information, which brings the usual privacy rules: a stated purpose, consent and no more than needed. Its guidance says informal checks such as reading a Facebook page or calling another landlord are covered, and that "we advise landlords not to turn to social networks as a means of conducting background checks." BC, Alberta and Quebec apply their own privacy laws with similar guidance.
What should a property manager check instead?
- Verify income or funds against the rent, from any lawful source.
- Run a credit or screening report with written consent, through a provider that follows the FCRA.
- Call past landlords with the same questions for every applicant. Our post on landlord references lists them.
- Confirm identity against photo ID.
- Write the criteria down and apply them to every file.
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Social media and rental applications: FAQ
Can a landlord deny me because of something on social media?
Not because of a protected trait it reveals, such as your religion, race or children. A denial based on conduct, such as a public threat against a past landlord, is a different question, but the landlord carries the burden of showing the reason was not a protected one.
Can a landlord ask for my social media handles on the application?
No US federal law bans the question, but it invites the same fair housing risk as searching. In Canada, the federal privacy regulator advises against using social networks for background checks, so a required field for handles is hard to justify.
Does a tenant screening company check social media?
Some data services compile online profiles. When a company assembles that information for screening, the FTC has treated it as a consumer reporting agency under the FCRA, which means accuracy duties for the company and notice duties for the landlord who uses the report.
