If you are involved in a landlord and tenant dispute you should contact a housing lawyer immediately to protect your rights.
Browse Kijiji, look for apartments. Many of the listings list that pets are not permitted in the unit. Some prospective tenants are faced with the heartbreaking choice of getting rid of their pets or securing housing for their family. Some landlords, by contrast are wary that a pet in their unit could destroy their income property. In most circumstances, “no pets” clauses in leases are legally unenforceable. In most cases landlord cannot forbid their tenants from having pets. There are certain exceptions, most notably if a Condominium’s by-laws restrict pets in units.
Can a Landlord Charge a Pet Deposit?
Landlords are not entitled to charge security deposits other than first and last month’s rent and a key deposit. Pet deposits are illegal. If a landlord has charged a tenant an illegal charge the tenant can apply to the Landlord and Tenant Board to have the charge and any reasonable expenses related to the matter (i.e.: the filing fee) returned. The Board can also fine the landlord.
Pets in Rented Condos
If for example, you are renting out the basement of your home, you cannot restrict a tenant from having pets. However, if you are renting a condo, the Condominium’s by-laws may have restrictions on pet ownership. The courts have decided that in these circumstances, the condo’s by-laws can restrict a tenant from having pets in the unit. A quick inquiry with the condo board will usually be enough to determine if this loop-hole applies in your situation.
Pets Causing Damage
A landlord can evict a tenant for causing damage to their rental unit, this applies regardless of whether the humans or animals in the unit were the cause of the problem. If a tenant has moved out already and the landlord discovers that there was damage caused to the unit, they may be able to file a claim in Small Claims Court against a former tenant. In other words, just because pets are legally permissible in units, does not mean that tenants are free to let their pets damage a unit.
Pet Bothering Others in the Building
If a pet is causing problems in a residential complex, a landlord can apply to evict the tenant on that basis. Some examples include, loud barking keeping people awake, or a pet biting a neighbour, etc. Just because pets are permitted does not give tenants the right to infringe on the reasonable enjoyment of their neighbours.
Residential tenancies come with their own unique set of problems, which often lead to disputes. If you are involved in a difficult tenancy arrangement, the advice of a housing lawyer can be invaluable. Mehdi Au LLP has experienced landlord tenant lawyers available to assist you.
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