Saturday, May 14, 2011
Can a Landlord Prevent a Tenant from having Pets?
(Ontario Real Estate Source)
By Brian Madigan LL.B.
I know you're going to like this answer:
"yes" and "no".
The Residential Tenancies Act in Ontario allows for pets. There is a specific pet rule.
"No pet" provisions void
14. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.
And, just to be on the safe side, the Act contains an override provision:
Provisions conflicting with Act void
4. Subject to section 194, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void.
So far, so good. If you have a pet and you are a tenant, the landlord has to go along with it?
But, what if you decide to have a reptile? What if you want to raise a 25 foot Ananconda? Is that permitted? What about the safety and security of the other tenants?
The saving provision here, is "nuisance". So, as long as the pet does not constitute a nuisance, then it can stay.
Most of the time, little "yappy" dogs would be fine.
The next question, before you decide to head to the pet store should be whether or not the complex is a condominium. If it is, and the condo declarations does not permit pets, then the answer is "no". No one, including the owner of the condo can have a pet in the complex.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com