What are my rights if a tenant and I sign a lease agreement with the provision that pets are not allowed?
Under the Residential Tenancies Act, Section 14, tenants are permitted to have pets regardless of any “no pet” clause in the Tenancy Agreement. “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. This is provided the pet is not causing damages, disturbances, allergic reactions to other tenants or is of a breed that is deemed to be inherently dangerous.
Under the Residential Tenancies Act, a valid reason for issuing a notice of early termination (N5)is the presence of a pet that is of an inherently dangerous breed. According to the Dog Owners’ Liability Act, pit bulls and other dogs bearing pit bull characteristics have been identified as an inherently dangerous breed.
The rental unit is in condominium which does not allow pets. My tenant has now brought in a pet, what shouold I do?
The Residential Tenancies Act permits tenants to have pets regardless of any “no pet” clause in the Tenancy Agreement provided that the pet is not causing damages, disturbances, allergic reactions to other tenants or is of a breed that is deemed to be inherently dangerous. The fact that it’s in contravention of the condominium by-laws may not be grounds to evict the tenant if the tenant does not remove the dog.
In spite of any agreement you may have, your tenant is entitled to keep pets in her rental unit under the Residential Tenancies Act, s. 14. The Residential Tenancies Act takes precedence over any and all contracts between a tenant and landlord. With respect to the number of pets a tenant may own, the municipality sets the limit. In Toronto, residents are limited to 6 pets of any combination of cats, dogs, rabbits or ferrets. Of these 6, only 3 may be dogs.
My tenant has a dog which has done extensive damage to rugs by defecating and urinating. What should I do?
The form that you would serve your tenant based on damages is a Form N5. On the notice you will have to provide details of the damages as well as the cost of the repairs. Once the tenant receives this notice he/she has seven days to rectify the problem, if it is not corrected then you will have to file an application with the Landlord and Tenant Board to go to a hearing and have the matter decided by a Board adjudicator. You can obtain all the necessary forms from the Landlord and Tenant Board’s website at www.ltb.gov.on.ca.
Even if your tenancy agreement prohibits pets, that provision is void and not enforceable. However, if the pet causes damage, disturbances, allergic reactions or is of a breed that is inherently dangerous you do have grounds to issue a notice of early termination. Therefore, if you can prove that the dog causes you to have a serious allergic reaction and it is also causing disturbances you can issue a Form N5. Once served with this notice the tenant has a seven day period to correct the situation. If the problem is not corrected then you can file an application with the Landlord and Tenant Board.
I rented my house to a tenant and her dog. There are now two dogs destorying the yard and upsetting the neighbours by barking at all hours. How can I evict?
The law permits tenants to have pets as long as the pet does not cause a problem such as damages or disturbing other tenants on the premises. You can serve the tenant a notice based on damages as well as disturbances, the notice you would use for these reasons is a Form N5, this notice is a 20 day notice which allows the tenant the first seven days to correct the situation. If the problems are not corrected then you can file an application with the Landlord and Tenant Board to go to a hearing for a decision on the issues. You can obtain the Form N5 and all other forms required on the Board’s website at www.ltb.gov.on.ca.
First, you can talk to the tenant and let them know that you are allergic to cats. Follow-up your conversation with a written letter (keep a copy for your file). If the tenant is unwilling to remove the cat after your informal discussion, you can issue a Form N5 – Notice to Terminate a Tenancy Early. The reason for the notice would be that the tenant has substantially interfered with the reasonable enjoyment of the residential complex by the landlord. The tenant will then have SEVEN days to remove the cat from the premises.
The number of dogs and cats a resident is allowed to have is regulated municipally. Contact your local health department for details. In Toronto, no person shall keep in any dwelling unit more than SIX of any combination of dogs, cats, ferrets and rabbits. The bylaw also states that a maximum of THREE dogs may be kept in a dwelling unit. Pet owners are also responsible for purchasing licenses for their pets.
If the behaviour of an animal has interfered with the “reasonable enjoyment of the residential complex” by the landlord and/or other tenants you may issue a notice of early termination of the tenancy. Use the N7 form.