Toronto Renters Forum
Common Tenant Problems => Other Tenant Problems => Topic started by: PetIssue on February 20, 2022, 10:01:34 pm
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Hi, today our landlords came to our condominium apartment to look at 2 broken outlets (in a Versace t shirt, no less)
I told them that all the outlets were fine except for those ones, and they insisted on asking if other outlets were broken. I repeatedly told them it was just those 2.
They then opened our closed bedroom door without asking permission, to look at.an outlet. Upon entering they saw some cat related things (cat tree, scratching post, etc). They didn't see any cats or animals.
They asked if we had brought any animals in here and I said no, our building has a no animal policy.
This evening our landlord sent us this email:
"As per the Rental Tenancy Agreement that you signed, you as tenants agree to comply with the condominium declaration, by-laws and rules of [building redacted for privacy].
According to the rules of [redacted] for Pets:
" No animal, livestock or fowl of any kind whatsoever including those usually considered pets shall be allowed upon the common elements including the patios for units 109 through 114 inclusive (Declaration, Article III, Paragraph 6, Pets) or in residential suites (Declaration, Article IV, Paragraph 5d) with the exception of a "seeing eye dog".
I need to know how you will rectify the violation of [redacted] Rules, and in what time limits.
Please confirm receipt of this email."
How should I respond to them? I want to make it clear to them that they never saw any animals and that they entered our bedroom without permission
Also, we told them they can come at 3pm, and they showed up at 4pm, if that matters
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In Ontario the Residential Tenancies Act (the law that covers renting a residence) does not allow landlords to ban pets of any kind.
This is such a common question that the FMTA ("Federation of Metro Tenant Associations", which is a terrific tenant advocacy group her in Toronto) covers this in their FAQ:
See here (and scroll down to “Can my landlord evict me if I have a pet?”):
https://www.torontotenants.org/tenant_faq (https://www.torontotenants.org/tenant_faq)
And here’s a link to the relevant law:
https://www.ontario.ca/laws/statute/06r17#BK19 (https://www.ontario.ca/laws/statute/06r17#BK19)
Which states:
“No pet” provisions void
14 A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 2006, c. 17, s. 14.
That said, there may be other laws that pertain to your situation. For example, if you have a pet that hurts or is a nuisance to other people, or that damages the premises, then that could be grounds for a landlord to legitimately complain.
Also, (and this would seem to apply to your situation) condominiums may have bylaws that restrict pets, so if you rent in a condo then you have to follow those rules too.
And lastly, if you are renting a room in the landlord’s house, whereby you share the kitchen and/or a bathroom with the landlord, then they can impose pet restrictions.
Steps to Justice (a terrific information source written by lawyers about the laws here in Ontario) has a couple of pages explaining this:
https://stepstojustice.ca/steps/housing-law/find-out-if-building-can-restrict-pets (https://stepstojustice.ca/steps/housing-law/find-out-if-building-can-restrict-pets)
https://stepstojustice.ca/steps/housing-law/be-responsible-pet-owner (https://stepstojustice.ca/steps/housing-law/be-responsible-pet-owner)
So so answer your question: it depends. If you were renting a separate apartment (not just a room in your landlord’s house where he or she lives too), not in a condominium that forbids pets, then your landlord couldn’t do anything.
But in your case the condominium bylaws would seem to apply. It sounds like you are not allowed to have a pet.