If you are ever denied a rental unit or if you are evicted because you have a pet (and the reason is not one of the exceptions), you can refer your case to the Landlords and Tenants Board of Ontario. The Landlords and Tenants` Board is a court of law that hears disputes between landlords and tenants before settling disputes. Unfortunately, many tenants are exploited because they do not know the law or their rights. Never forget to stay up to date and seek professional legal advice if necessary. Finally, a pet owner is not allowed to charge a deposit for pets. An owner may require a deposit for the last month as well as a deposit of a key or passport card. In particular, the rental deposit must be applied to a tenant`s last month`s rent, and the key deposit must be returned to the tenant when the keys are returned. It is illegal for the owner to use these deposits for something else, such as paying for damage to the unit caused by people or pets. All Toronto landlords are subject to Ontario`s housing laws, which state that “no pets” clauses in leases are invalid and therefore cannot be enforced. However, there are a few notable exceptions as well as a few important things that every tenant with a pet should know. You should understand that pet protection only applies to tenants. Similarly, the possession of pets is not a human right.
However, Ontario`s Residential Tenancies Act prevents landlords from not including pet clauses in leases. Owners should be neutral when it comes to pet ownership. The landlord has no legal basis to punish or sanction a tenant for a pet if there is no financial or other damage to his property. It is illegal for an owner to require a pet deposit. However, the landlord will take the deposit if a tenant offers to pay a pet deposit. It is attractive to landlords as it shows that the tenant takes care of their accommodation to avoid damage to pets. It is illegal for an owner to charge an additional pet deposit. Landlords can refuse to rent to pets and apply “no pet” clauses for private rentals. Owners cannot discriminate against people with disabilities who need a service animal. This blog is for informational purposes only and is not legal advice.
Readers are advised to consult with legal counsel before taking any action on any matter discussed. It is illegal for a landlord to require a pet deposit in Ontario. However, the landlord can accept the deposit if a tenant offers a month`s rent and is not allowed to exceed it. Since service animals are not considered pets, there are no additional fees or requirements. Ontario owners are legally prohibited from renting to pet owners. Once the lease is signed, a landlord cannot evict a tenant for owning a pet. Landlords can refuse to rent to tenants with pets and include “no pet” clauses in the lease. But after you move in, your landlord can`t evict you just because you have a pet, even if your lease includes a “no pets” clause. In Ontario, pet prohibition clauses in leases are not valid. This means that they cannot be applied.
First, you should be aware that Ontario`s Residential Tenancies Act does not allow landlords to include “no pet” clauses in leases. The only exception is if the property is a condominium and the declaration of the condominium owner company prohibits pets. You should always be clear about whether the “no pets” provision is set by the owner (which is illegal) or by the owner of the apartment (which can be allowed – more information about this in a future blog post). If the landlord allows pets, they can legally charge an additional fee for tenants. Owners may charge a one-time pet fee or a monthly fee, or both, which is non-refundable. A landlord may also require a refundable pet deposit, but the amount cannot exceed one month`s rent, including other deposits. This fee cannot be charged for service animals. Saskatchewan landlords can refuse to rent to pet owners and include “no pet” clauses in their leases. Pets are also welcome if they are not specified. In Alberta, landlords can enforce the “no pet” clauses and refuse to rent to pet owners if they are included in the lease. You also have the right to decide what types of pets, size, breeds and number of pets allowed.
Pet deposits are illegal for an owner to ask. In Nova Scotia, landlords have the right to include pet restriction clauses in leases. Some landlords ask tenants with pets for a deposit when they move into the unit to pay for the damage caused by the pet during the lease. Also illegal. In one in 7. In October 2009, in Whitby, the tenant wanted to bring a pet to the premises. The landlord charged a $50 fee to bring the pet, as well as an additional $50 per month that would go to a carpet replacement fund if the tenant left. The judge, Claudette Leslie, ruled that both claims for payment were illegal.
The only amount a landlord can charge in advance is the last month`s rent, and it can only be used for the last month`s rent. “If you have any doubts about anything, seek advice from a licensed broker, paralegal or lawyer if necessary,” Khalifa said. Clauses prohibiting leases are not enforceable under section 14 of the Residential Tenancies Act. If you need help with a landlord and tenant affair, contact us today! The Residential Tenancies Act does not contain any provision on the number of pets that tenants may have in their dwellings. The number of dogs and cats a resident is allowed to have is regulated by the municipality. You will need to contact your local health service for these details. The Residential Tenancies Act . Can a landlord say that there are no pets? In other types of properties, you won`t face eviction because you have a pet after you move in. The law provides protection for tenants, whether or not the landlord knew the animal at the time of moving in. You can also find out here what the regulations are for landlords who want to check your rental apartment. “Whether a house or apartment is rented through a broker or privately, it is necessary to fill out a rental application, and usually the issue of pets is included in that application,” Khalifa said.
He also recommends that tenants be honest and say, “Let a landlord know you have a pet in advance, share a photo, and any relevant veterinary records to educate the landlord or their representative.” You have no protection as a pet owner until you have a rental agreement. A landlord cannot evict a tenant for pet ownership once they have accepted a tenant, regardless of whether there are contractual terms or verbal agreements. Section 14 of the Residential Tenancies Act 2006 states that a provision in a lease prohibiting the presence of animals in or around the condominium is void, meaning that the landlord is powerless to enforce an agreement prohibiting the presence of animals after the tenant has signed a contract. Landlords and tenants should not have to lie to each other. Treat each other with respect, even when it comes to pet-related issues, and renting will be positive for everyone involved. (3) This section is subject to the Guide dog and service dog Act. In short, yes. Owners can and will often ask verbally or in writing if you have a pet. No, in Toronto, your landlord may not require a pet deposit; However, Khalifa says that doesn`t stop some owners from trying. While the LRA is in effect, there are also municipal laws that must be followed. It`s best to check your city`s bylaws as well, as they may have specific laws regarding pet ownership. For example, in London, Ontario, the Animal Control Regulation states that a tenant cannot have more than 5 cats in a house or dwelling if there are no dogs.
A deposit for pets may be charged, and the amount cannot exceed 50% of the monthly rent. Drewlo Holdings Inc. v. Weber, 2011 ONSC 6407 stated that landlords cannot use any other contractual provision to force tenants to leave the property due to pet ownership. In this case, a landlord attempted to increase the rent for all tenants who owned pets on his property. The rent increases did not apply to all other tenants who did not have pets. When the matter was brought before the court, the judge found that the action of the landlord or his representative had infringed the tenant`s right to adequate enjoyment of the property. The lawsuit was found to divert tenants from their ability to legally use their property. Unless you live in a rental apartment that falls under the condo or allergy exception, “once a lease is signed, a landlord can`t evict you just because you have a pet,” Khalifa said. The exceptions provided by law are for tenants who need a service dog because of a disability.
Persons with disabilities should not be discriminated against and are protected by federal and state human rights laws. Rahim Khalifa, an agent for Zoocasa in Toronto, shared with Daily Hive details of navigating the rental market as a pet owner. Renting to tenants with dogs in British Columbia is very different from renting to pets in Ontario, and landlords should review the rules and regulations that apply to them. The balance between these rules and the benefits of pet rental (LINK: to another pet article above) will allow pet owners to make informed decisions about pet rental anywhere in Canada. Deposits and pet fees are allowed. All pet fees should be of a reasonable amount. The amount of the refundable deposit for pets plus the amount of the deposit cannot exceed one month`s rent. Another exception may occur if the landlord can reject your application if the landlord or another resident living on the same property has a pet allergy. If your pet has caused damage to the home, the owner can chase you away if you don`t repair the damage. If you leave the unit damaged at the end of your tenancy, the landlord can go to Small Claims Court and sue you for the damage caused.