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.