Can a landlord evict a tenant for having a pet?

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

• the pet is making too much noise, damaging the unit, or causing an allergic reaction, or
• the animal or species is considered to be inherently dangerous. 

Even if the tenancy agreement has a ‘no pets’ rule in it, the tenant cannot be evicted just for having a pet unless the Board decides in an order that the pet is causing a problem, or that the pet is inherently dangerous.

Can a tenant be evicted in the winter?

Can a tenant be evicted in the winter?

Yes. There is nothing in the Residential Tenancies Act that prevents a tenant from being evicted during the winter months.

For what reasons can a landlord evict a tenant?

There are different reasons for evicting a tenant.

For some reasons, a landlord can only evict a tenant at the end of the tenancy agreement (at the end of a lease) – in most of these situations, the tenant has not done anything wrong, but the landlord needs the unit back.

Other reasons allow a landlord to evict a tenant in the middle of their tenancy agreement or lease– these are generally situations where the tenant or someone the tenant let into their building has done something wrong.  For example, the tenant has not paid their rent or has damaged the rental property.

Can the landlord refuse to rent to a person if they have a pet?

Can the landlord refuse to rent to a person if they have a pet?

Yes, if a landlord has a “no pets” policy and they learn that a person applying to rent an apartment has a pet, the landlord may refuse to rent to that person. 

The Residential Tenancies Act states that any clause in a lease that prohibits pets is void.  This means that once a person becomes a tenant, if they have a pet even though the lease says pets are not allowed, the landlord cannot evict the tenant just for having the pet.  However, the Landlord can apply to the Board to evict a tenant if the pet is causing a problem.

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

• the pet is making too much noise, damaging the unit, or causing an allergic reaction, or
• the animal or species is considered to be inherently dangerous. 

Even if the tenancy agreement has a ‘no pets’ rule in it, the tenant cannot be evicted just for having a pet unless the Board decides in an order that the pet is causing a problem, or that the pet is inherently dangerous

Ontario Residential Tenancies Act- link

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060516_e.htm#BK18
ACCESS TO THE RESIDENTIAL TENANCIES ACT IN ONTARIO, CANADA
click on this link to redirect you to that law.

NON SUFFICIENT FUNDS CHARGES

Non-Sufficient Funds Charges

Under section 87 of the RTA, where a landlord applies for an order for the payment of arrears of rent, the application may include a claim for the amount of NSF charges paid to a financial institution in respect of cheques tendered to the landlord by the tenant, plus the landlord’s administrative charges in respect of those cheques.  The administrative charges are limited to a maximum of $20.00 per cheque per section 17 of Regulation 516/06.

These charges, if claimed, will normally be awarded and, if the order terminates the tenancy, the tenant will have to pay these amounts in addition to the other amounts payable in order to avoid eviction.  See also the section below on Amount Payable to Prevent an Eviction.

Although a landlord may apply for NSF charges, they cannot be claimed in an N4 notice of termination.  Under subsection 59(3) of the RTA, a notice of termination is void if the tenant pays the arrears and the additional rent that has become owing.  There is no requirement for the tenant to pay NSF charges to void the notice. Therefore, including NSF charges on an N4 will likely invalidate the notice.

Rent receipts

Rent receipts

A landlord must give the tenant a receipt for any rent payment, rent deposit or other charge, if the tenant asks for one.

A landlord must also give a former tenant a receipt if that person asks for one within 12 months after the end of their tenancy.

The landlord cannot charge a fee for giving a receipt.

FREE FORM- INSPECTION FORM to be used when moving in or out of the apartment or house

Looking for a form that is absolutely free. No hassles, no hidden fees, no writing across the whole form so that you cannot use them and definitely no need to submit your email address or become a member.  You need a form for the tenant to sign when they move in to indicate the condition of the apartment, appliances etc.  This is a three page document that every tenant and landlord should have on file.  |It is not necessary but it is a good idea.

The same form can be used when moving out.  I have created two documents that are basically identical--the only difference is that one is signed when moving in and the other when they move out.
To access this form just click on MOVING IN INSPECTION FORM  and for MOVING OUT INSPECTION FORM TO ACESS THEM.  They are Excel files and you will need excel to access them.  As soon as I have time I will try and get either PDF or Microsoft word files.
Good Luck and don't hesitate to leave any comments on the use of these forms.

Looking for a Company that covers both Canada and United States for Tenant Screening- This is it

                    title="Tenant Screening, Tenant Verification Screening, Rental Credit Checks, and Background Screening Services">

Membership

How TVS membership works:

1. You must Sign Up to become a member; there is no cost for this. However, there is a membership & confidentiality agreement that you need to review and agree to before you can use the Service. TVS must establish your Identity and your permissible purpose for obtaining Consumer information.
2. You must provide documents as per the membership application confirming rental property ownership and documents that identify who you are before the account can be activated.
   NOTICE: TVS requires documentation in Compliance with Credit Bureau Policy
   
   Please see below which documents are required from you:
   
   

   Landlord

   1. Current telephone or cellular bill. MUST be current and list your name, current residence, and the phone number listed on your application (check our FAQs for exceptions).
   2. Proof of identification (valid driver's license or Passport)
   3. Proof of ownership for the rental property (two of the following documents: Deed, Insurance Declaration, Mortgage Statement, Title or Transfer Papers, Settlement Statement, Escrow, Utility, Purchase and Sales Agreement)
   
   IMPORTANT: If your residence and rental property address are the same, please contact TVS prior to filling out a membership application to find out what documents are required.

   Property Manager

   1. Property Management Agreement which is signed by you and the Property Owner (If you are doing this on behalf of a friend, please click here to see what is required).
   2. Clear copy of your valid driver's license or Passport
   3. Copy of a valid business license (if applicable)
   4. Current telephone or cellular bill. MUST be current and list your name, current residence, and the phone number listed on your application (check our FAQs for exceptions).

   
   
3. The turn around time for the reports that you order online is 2-3 minutes and they are posted to your account on the website.
4. Review the Operating Instructions that you will receive immediately after sign up.
5. TVS will activate your account when documents are received. If application or documents are submitted after Office hours, TVS will activate you the next business day. Also note that the documents need to show the rental property address and your name (they need to be clear enough so TVS Operators can read them).
   TIP: When photocopying documents, set the photocopier to light, particularly for a Driver's License.

Other reasons for eviction

Other reasons for eviction

There are some other reasons for eviction that are not related to what the tenant has done or not done. For example:

• the landlord wants the rental unit for their own use or for the use of an immediate family member or a caregiver,

• the landlord has agreed to sell the property and the purchaser wants all or part of the property for their own use or for the use of an immediate family member or a caregiver,

• the landlord plans major repairs or renovations that require a building permit and vacant possession,

• the landlord plans to demolish the rental property,

• in a care home that is occupied for the sole reason of receiving therapy or rehabilitation, the tenant’s rehabilitation or therapy program has ended,

• a tenant of a care home needs more care than the care home can provide, or no longer needs the level of care provided by the landlord.

When can the landlord end a tenancy?

Ending a tenancy by the landlord

A landlord can end a tenancy only for the reasons allowed by the Act.

The first step is for the landlord to give the tenant notice in writing that they want the tenant to move out. The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board.

If the tenant does not move out after receiving the notice, the landlord can ask the Board to end the tenancy by filing an application. The Board will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can come to the hearing and explain their side to a Member of the Board.


The Act allows a landlord to give a tenant notice if the tenant, the tenant’s guest or someone else who lives in the rental unit either does something they should not do, or does not do something they should. For example:

• not paying the rent in full,
• persistently paying the rent late,
• causing damage to the rental property,
• illegal activity,
• affecting the safety of others,
• disturbing the enjoyment of other tenants or the landlord,
• allowing too many people to live in the rental unit (“overcrowding”),
• not reporting income in subsidized housing.

In some cases, a landlord can give a tenant notice based on the presence or conduct of a pet the tenant is keeping, such as where a pet causes damage to the rental property.

What if a tenant wants to Leave?

If a tenant wants to leave

A tenant must give their landlord written notice if they plan to move out. The proper form for this notice (Form N9) is available from the Board. The amount of notice that is required is based on the rental period, as follows:

If the tenant:	then the tenant must give:	and the termination date must be:
pays rent on a daily orweekly basis,	at least 28 days notice,	the end of a weekly rental period.  (This only applies to weekly tenancies.)
pays rent on a monthlybasis,	at least 60 days notice,	the end of a monthly rental period.
has a lease for a fixed term,	at least 60 days notice,	no earlier than the last day of the lease.

A tenant and landlord can agree to end a tenancy early. The parties can make an oral agreement to end the tenancy, but it is best to have a written agreement. A notice of termination does not have to be given by either the landlord or the tenant if there is an agreement to end the tenancy.

A tenant in a care home can end a tenancy early, by giving at least 30 days notice in writing to the landlord.

Entry with 24 hours Written Notice

Entry with 24 hours written notice

A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:

• to make repairs or do work in the unit, 
• to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
• to allow a potential mortgagee or insurer of the complex to view the unit, 
• to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
• to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
• for any reasonable purpose allowed by the rental agreement.

The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.

When can a Landlord enter without written notice

Entry without written notice

A landlord can enter a tenant’s rental unit without written notice if:

• there is an emergency such as a fire, 
• the tenant agrees to let the landlord in, 
• a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.

A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m.if:

• the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning, 
• the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).