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Your rights as a pet owner tenant.

Akeeter
November 7th, 2004, 10:40 PM
Next time someone is informed that their landlord wants their pets & the owners out -of their rental unit, becasue they have pets. Maybe someone should quote the landlord this:

1997 at:
http://192.75.156.68/DBLaws/Statutes/English/97t24_e.htm

Statutes of Ontario 1997, Chapter 24Part II Rights and Duties of Landlords and
Tenants: Tenancy Agreements
15. A provision in a tenancy agreement prohibiting the presence
of animals in or about the residential complex is void. 1997, c. 24, s. 15.
(Does not apply to you but others may want to know about this part).

Part III Security of Tenure and Termination of Tenancies Application to Tribunal
by Landlord - Landlord has given notice of termination - 74.(2) Application
based on animals74. (1) A landlord may not apply to the Tribunal for an order
terminating a tenancy and evicting the tenant based on a notice of termination
under section 63, 64 or 66 before the seven-day remedy period specified in the
notice expires.

Application based on animals
(2) If an application based on a notice of termination under section 64 or 65 is
grounded on the presence, control or behaviour of an animal in or about the
residential complex, the Tribunal shall not make an order terminating the
tenancy and evicting the tenant without being satisfied that the tenant is
keeping an animal and that,

(a) subject to subsection (3), the past behaviour of an animal of that species
has substantially interfered with the reasonable enjoyment of the residential
complex for all usual purposes by the landlord or other tenants;

(b) subject to subsection (4), the presence of an animal of that species has
caused the landlord or another tenant to suffer a serious allergic reaction; or

(c) the presence of an animal of that species or breed is inherently dangerous
to the safety of the landlord or the other tenants.

Same
(3) The Tribunal shall not make an order terminating the tenancy and evicting
the tenant relying on clause (2) (a) if it is satisfied that the animal kept by
the tenant did not cause or contribute to the substantial interference.Same
(4) The Tribunal shall not make an order terminating the tenancy and evicting
the tenant relying on clause (2) (b) if it is satisfied that the animal kept by
the tenant did not cause or contribute to the allergic reaction. 1997, c. 24,
s. 74.
He may try to evict you based on 2(c) but has your dog acted aggressively
towards any of the tenants? Your landlord would have to prove in court that the
breed is inheritantly dangerous, which might require some expert opinion rather
than his opinion alone.

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