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Interesting tennant and pet laws

happycats
July 8th, 2008, 01:00 PM
I just found this on the web. I don't know how true it is, but it sure would stop so many people from dumping their pets because of a "move".

So many of us responsible pet owners are left in a pickle when it comes to finding housing because every ad says no pets no pets. Well, after researching our rights I discovered that Ontario is a PET PROTECTED PROVINCE. Which means it is illegal for a landlord to not allow pets even if it is a large corporation. If they make you sign a lease that agrees to no pets it is not valid in court because it is illegal for them to have that in the lease. However if your pet is not well behaved, or is destructive they can apply for a T2 application and must prove the disturbance in court before they can evict you. So landlords maybe instead of saying no pets all the time when in reality tenants don't have to agree, why not add a pet security deposit for your peace of mind and stop trying to make people leave their loved ones behind

Chaser
July 8th, 2008, 01:44 PM
I have heard this before as well....the problem is if they know you have pets before you move in you'll just get denied on some other grounds. Hmmm.....sounds like discrimination to me....:rolleyes:

My building now is surprisingly pet-friendly but we hate everything else about it and will need to move in the next couple months. We'll be looking to rent a townhouse and I can already see from browsing listings it's going to be a nightmare with the high number of anti-pet landlords. :frustrated:

14+kitties
July 8th, 2008, 01:56 PM
My oldest son just made a move from one apartment to another. His past landlady knew he had a cat. She was fine with it. I told him not to devulge that he had a cat to a new potential landlord. That way they couldn't use that against him. As it turns out his new landlord is one of the good ones! He loves animals!

phoozles
July 8th, 2008, 02:10 PM
Ever since I was old enough to live on my own I always had my eye on the Ontario Tenant Act, and it's true, it's illegal for them to say 'no pets' .. Regardless, I usually just skip over those ads - even though I can bring my pets regardless, I don't really want to live in a place that is going to make me feel bad/guilty for doing so. Especially with now three cats in the mix..

14+kitties
July 8th, 2008, 02:26 PM
When I rented out my house to tenants I told people they were welcome to have pets. Just to make sure they cleaned up after them and if they caused any damage the renters paid to fix it. Never had a problem with the pets. Had a BIG problem with the last tenant. :rolleyes:

NoahGrey
July 8th, 2008, 02:48 PM
I think the law is they can say no to pets and therefore your app will not be accepted. However if you already have a pet and already live in the building they can not evict you.

Now I am sure if you lied and said that you did not have a pet and on moving day you walk in with your pet..they could take you to court and they would probably win. You went against a contact (cause that is what a lease is). Buildings have landlands, also called Buildling reps and then there is the managment company that owns the building, also called the landlords boss. A managament company can make their own policies and rules. If someone does not like their rules, then they shouldn't apply. I also live in pet-friendly apartment and didn't go and view apartments that weren't.

Off topic but ti does pretain to tenant rights. In winter (in ontario) you can not pay your rent for the whole winter season and they can not evict you.

ACO22

14+kitties
July 8th, 2008, 03:57 PM
Off topic but ti does pretain to tenant rights. In winter (in ontario) you can not pay your rent for the whole winter season and they can not evict you.

Actually ACO22, that is something that a lot of tenants believe. It isn't true though. There is also a section in this article about pets.

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111483.html

The biggest problem is with our judicial system. Go figure. :rolleyes: You have to go through so many steps to actually get a tenant evicted that by the time they are out, if you start the process in Nov or Dec, it is spring! You have to file, serve, go to small claims, hope they show (my tenants didn't), serve again...... the list goes on. It's frustrating to say the least.

When I finally got my last tenants out we had a car to tow, which had to be deemed abandoned before we could, 7 trips to the dump with truckloads of their garbage, and had to re-drywall EVERY room because of the holes they had punched in the walls. They wrecked a fridge - tore the handle off - and it was so filthy, as was the stove, that we had to junk them. They also had the start of a grow op going. NICE!
Needless to say........ I will never go through that again!
Sorry, ranting and definetely off topic!! :o

krdahmer
July 8th, 2008, 04:58 PM
Tis true they cannot deny or evict you for having pets... which also means you can have a dog in an apartment too and as long as there are no noise or destruction of property complaints with evidence, there is nothing they can do, and yes it is not legal to include a no pets clause on any rental or lease agreement. Most landlords and land owners know this but count on the applicants not knowing it.
"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. - From the Ontario Landlord and Tenants Act itself

A6: Only if the pet is dangerous, causes allergic reactions or causes problems for other tenants or the landlord, must you get rid of your pet or consider moving elsewhere as per Landlord application to terminate tenancy based on animals.

Even if you signed a lease with a "no pets" clause, if the pet is not a problem for anybody they can not enforce it; such no pets clauses are invalid under the law.

You do not have to move or get rid of the pet unless the Board issues a written order to do so. -From the websites Q&A section.





Also FYI, as per the long lecture I got at the housing board... they are also unable to evict someone from a non-smoking building for smoking in their apartment, even if it's a shared ventilation system. The space you rent is yours and you can live any way you like in it aparently. (we rented the main floor of a house that was non-smoking when we moved in, then someone rented the basement who smoked like a chimney... so all of us had to smoke too... and the lady I met with said pretty much 'tough luck' :frustrated:)

So it's great for those of us with pets, not so great if you don't enjoy second hand smoke.... :shrug:

ancientgirl
July 9th, 2008, 08:58 AM
I'd be curious to see if there is a law like that here in Miami. Not that I need it since my building is pet friendly, but I moved there because my former apartment building was not pet friendly. Had I know about this I might have looked into it before I moved.

I think it's a stupid thing though for a landlord to not allow a person to bring a pet. Heck, I know kids who are more destructive than pets and they allow them in apartments. I think a lot of it has to do with the people and how responsible they are.

TacoGrl
July 9th, 2008, 10:50 AM
First, I am totally AGAINST pet deposits. Maily because they are non-refundable and I feel if my pet does not damage, it should be refunded as is the regular DD. I also feel it is a cash grab and have found most around here that charge it are also the ones who don't return the regualr DD either. It seems a slimy way of doing things to me. You don't ever see non-refundable DD for having kids...and I tell you, I have seen some pretty nasty things done to a place by children...that is covered by the DD you say? Then why aren't pets too?


The second part...

I lived in this building once with my two cats (when Jag was alive) and it changed management companies...guess what, the new company did not allow pets! They tried to evict me...I had lived there for 3 years and no problems (noise, rent, etc.). I found out that I had "squatters rights"...essentailly, if you are in a place for more than 1 year, you cannot be evicted for something the landlord is aware of and has allowed...no matter if landlords change. I don't live there anymore...they turned out to be quite the slumlords.

I too feel there is something wrong with people who don't like animals.


Oh, and don't get me started on smokers! PFFTTT! I am a non-smoker and I don't like my apartment smelling like smoke! Do they charge a non-refundable smokers deposit? Smoke colours the walls...stinks up the carpets, annoys the neighbours. We have a smoking by-law here that covers public areas...ummm....I think it should also cover your home...I mean, who cares if someone smokes in the park? I care if I have to put up with second hand smoke in my home!