Thanks in advance. Can management evict me without the approval of my landlord? If you can, get a short note from your doctor confirming the nature of your fear of dogs and the effect of unleashed dogs approaching you.Then, if there still isn't any action file a T2 application against the landlord. Thank you very very much Mr. Michael. Hello, Gabe here - I live in an apartment building and have 1 dog, and from time to time my landlord will make comments about wanting the dog fixed. The biting risk of having a dog is well known and I don't think anyone would ever seriously question the fact that dogs will bite (even if just a little nip for fun). Number 2 in your questions. Yet just 30 per cent of the city’s canines and 10 per cent of the feline population are licensed, meaning the majority of pet owners are technically breaking the law. The Dog Owners’ Liability Act. One of the questions I often get from clients who are landlords is how many pets can a tenant have. However, I don't think it would be unreasonable to expect you to take the dogs for a walk, away from the building, to allow the call of nature to be done further from the building.Landlord policies that are designed to restrict the presence of pets are unlikely to be enforced. Your landlord may serve you with a Notice of Termination and may file with the Board. To get to this door you have to go through a long narrow winding corridor - its a hassle to get to and its far from convenient. Ontario, Toronto, in Canada has passed laws that regulate which dogs are allowed in the province. Our very own course for dog breeders; with a digital certificate once you have proven yourself! More are allowed with a kennel license. It seems to me that you made the entry into the lease conditional upon certain circumstances being the case. Dogs are social animals and need interaction with other dogs and people on a regular basis to remain happy and healthy. In my mind's eye I'm picturing a tenant struggling to pick up an 80 pound dog so as its feet don't touch the floor. Ultimately, the illegality lies in the attempt to dissuade tenants from owning pets and punishing them if they do. I've had some landlords who had to completely remove flooring, sub-flooring and then seal joists and/or cement subfloors due to the continued exposure to pet urine. or can I refuse because it's none of their business and they are just trying to be bullies about it. Many people do not like dogs and don't want to have a dog jump on them. The answers are intended to be general information about Ontario Law and are the personal view of the author based on the limited facts provided to the author. An application to terminate would be based on substantial interference with reasonable enjoyment and the RTA, in section 76, does address the nature of an application based on the presence of animals. This is new - just in the past 2 weeks - and the tenants leave their door open and the cat wanders in and out. Please advise. In Toronto, it is one for every 50. Simply having a pet is not grounds for termination. Don't let your security video loop on itself (i.e. Thanks! On several occasions I became trapped in this corridor with my dog between other owners and their dogs in front and back of me. Keep track, take pictures, and video. Note: This does not apply to individual members of a rescue group, registered with Toronto Animal Services. However, we have had conflicts with the tenant because he DOES NOT clean up after his dog. It is trying to do indirectly what they can't do directly. That would qualify as a basis to serve a Notice of Termination and you could be evicted if the landlord can prove that your pets are interfering with the reasonable enjoyment of the premises. The question is, how has the presence of the dog been affecting you? Hi Brittany:The answer to this question requires close analysis and weighing of the impact of the presence of the animals. i can not have friends over that are scared of dogs and i worry coming home and leaving my place if dogs are out running around i do not care if they are good dogs like they say i was told that as kid about a dog that bite me when i was 7 what can i do ? The breed of dog is a key factor when it comes to determining your homeowners insurance premium. Under the current structure of the RTA you do not have the right to proceed directly against the offending tenant at the LTB.Good luckMichael K. E. Thielewww.ottawalawyers.com. Shall I call Animal Group? She told me no, so I signed the lease but there is a dog upstairs, that pees off the balcony and it lands outside my window, so obviously I can't sit outside. hello Michael. rights reserved. The laws not only apply to dogs owned by Ontario residents, but also to dogs that owners bring through the province during transit. It can get messy!Good luck with thisMichael K. E. Thielewww.ottawalawyers.com. Hello Michael,My daughter and 3 friends are moving into a house to be shared between all of them, the add said 4-6 bedroom house 425 all inclusive. You are required to report maintenance problems and issues to your landlord. There is a one-hour maximum for tying up your dog at home. The right of tenants to have pets is not unfettered. There are fans of the argument the other way as well. An example of an Animal Control By-law (for the City of Ottawa, Ontario). The RTA does not give you the right to bring your pet everywhere in the residential complex--though impliedly you have the right to bring your pet wherever it is necessary to access the premises and your unit.It seems to me that the no pooping and no peeing prohibition is ill conceived and impossible in any event. I haven't seen any Orders terminating a tenancy for lack of insurance though that certainly doesn't mean there aren't any such Orders. Some children, youth, and adults obtain their assistance dog from registered charities in Canada. Is this the landlord trying to find excuses to have me evicted? Stoop and scoop. I know she used to complain about our old neighbours as well. permissions/licensing, please go to: www.TorontoStarReprints.com. If you have been diagnosed with a physical or psychiatric disability you may qualify, for an service dog. City involvement has the benefit of potentially solving the problem or alternatively providing evidence of illegal activity (i.e. Service Dogs Canada can assist you in your desire to have your dog identified as a service dog. Is the tenant required by law, Ontario Landlord/Tenant Act, to carry liability such as renter's insurance with a dog bite clause? 4 years ago. Granted this will be a bit nerve racking. (I don't know if this would make a difference or not).Really appreciate any advise!Thanks!Sandra, Hi Sandra: The fact that you specifically inquired about the presence of animals in the building makes the answer to your question a little bit more difficult. And all the best to you, too, in the New Year. Puppy on the beach. I want to evict her and get it cleaned out and aired out a month before her lease is up. Of course, it comes down to proof. Shall I call police? Get a person to come (to do the smell test) who will be willing to testify at a hearing and who is inherently credible.All the bestMichael K. E. Thielewww.ottawalawyers.com. Is this legal? Urine can stain and cause infiltrating odour problems that can be quite expensive to clean up and get rid of. One … If you want to purchase or adopt the Pitbull dog, you are able to visit the breeders of Pitbulls. As between a dog owner, landlord, or victim, I think the law will choose to help the victim.If you find yourself being sued for a dog bite case, for a tenant's dog, contact your own insurer to report the claim. The most likely law that applies to your housing relationship with the co-op is the Co-operative Corporations Act. If a person only owns cats, the number is limited to 5. The likelihood is that the police officers would find no crime being committed and they would take a report but suggest to you to contact the building/landlord about your complaints.In my view, the way to proceed is with a formal written complaint to the landlord. This is ridiculous as there is almost no way for landlords to protect themselves. At this stage, I would continue as normal and see if the policy is changed to deal with specific people who are causing trouble versus everyone. In my experience an issue with cats can be allergies. how many dogs can you own in topeka kansas_, Thanks to our wide selection of dog walkers in Topeka, KS, you'll find that you're able to work with a dog walker who fits in with you, your dog, and your needs. Wallabies are particularly popular pets in Alberta. Complete with vest patches, collar, leash, collar tag, certificate wallet card. The legislature in making no pet clauses illegal--hence giving tenants the right to have pets--did not proceed to make giant loopholes that would let a landlord accomplish the same thing as a no pet clause by calling the pet an "occupant" or by allowing a landlord to charge fees for pets. Since she said that, nothing has changed; when I messaged her this morning, she never even replied and as of right now the pile of poop (from this morning) is still there.Is there anything I can do to force her to deal with this? I'm not sure if you are in a unit within the townhouse or if you have the entire townhouse. My wife said if you behave like this we will call the police. Many people fail to take into account how expensive caring for dogs can be. Wear & Tear in a Damaged Apartment--How much can the landlord charge? A clause prohibiting pooing and peeing on the residential complex in that circumstance is tantamount to a no pet clause which I think would clearly be unenforceable. It may be that the things that are bothering others about your cat are the things that are normally fixed by spaying a cat. Hi: Your questions are not the easiest to answer. Check other articles in this blog to see how "damage" and "repairs" are calculated.Prohibition on candles is not unusual as they do increase the risk of fire. )The leasing company said they would speak to them but it's still continuing. There are some people who manage to accumulate a large number of cats and dogs and just the sheer number of these animals in a rental complex can affect the character of the premises in such a way that the landlord feels it necessary to take steps to control the situation. If the landlord starts eviction proceedings for non-payment of rent your daughter would be able to argue the illegal deposit at the Board and the Board would indeed order a credit for the illegal deposits. Romania (4.1 million) There is a huge controversy regarding stray dogs in Romania, the population of which is about 4.1 million in that same country. The answer to the "permitted number" of animals is not set out in the Residential Tenancies Act as this act is silent on the issue. Serving a Notice of Termination for candles, using an N5--relying on lawful right interest or privilege or alternatively substantial interference with reasonable enjoyment--will be entirely contextual. Pit bulls kept legally after the ban will be known as "grandfathered" or restricted pit bulls. A consultation may be useful as would be getting one of them to write a letter to your landlord.Good luckMichael K. E. Thielewww.ottawalawyers.com. "Residential complex" is a defined term in section 2 of the RTA---it is broad and includes---"a building or related group of buildings in which one or more rental units are located, ... includes all common areas and services and facilities available for the use of its residents.The basis for your presence on the rental property is your lease and the landlord can't prohibit the presence of pets as you see. I am also wondering that if they have any reason to evict me, would my friend be evicted too (since we signed the lease together)? I talked to the building super. a tenant with too many pets, or whose pets are a nuisance) is likely breaching one or more provisions of the Animal Control By-law. Few times, when my wife or my son opened the door to go and drop the garbage in the thrush shoot, the saw a big dog in front of our door and they got scared. The evidence of the officer hearing the noise will also be useful in your proceedings against the landlord.Lastly, and I mention this more as a reminder than anything else. a policy that was not in the Agreement/lease when she became a tenant 6 years ago (2013), said amendment is stating ,one dog per tenant, the weight of dog, breed, It also states no visiting dogs allowed or sitting dogs? The maximum numbers of pets that you can own is six cats and three dogs. He wanted to provoke me, but I ignored him and said I do not want to talk to him. Although, the dog is leashed, and it is not barking but it is trying to come towards you. There is also a suggestion that a spayed cat is protected from various diseases including cancer. Dogs don't understand our human way of life and the many things that get in the way of spending the day with each other. Hi Michael,We live in a duplex and the downstairs tenant has got a puppy. This is gross but today there was also dog poop (sorry! While generally unenforceable, such clause can be made to stick if you can prove that there is indeed a severe allergy to animals that will be triggered with you attending o the property. That being said, the eviction process is still, typically, to the Landlord and Tenant Board. The TAS operates 24 hours a day, 365 days a year and reunites more than 2,200 lost pets with their owners annually. If you are tying up your dog on your own property, there … What if those pets An Ipsos Reid survey in 2013 found there were 230,534 pet dogs and 303,885 pet cats plus more than 20,000 feral cats in the City of Toronto. If not, and the situation is absurd then you may use the T2 to get the Board to weigh in on the landlord's demands etc.. Keeping a good evidentiary record is important. and is it legal grounds for eviction if she does not have the insurance? Or sometimes, in the elevator, which is a small place it is coming with kids and they get scared. Hi: I have to assume that your lease had no clause prohibiting the presence of pets in the rental unit. On the strength of that, and you proving the specific inquiry, I'd terminate your lease and indemnify you for moving expenses. SPCA came in and inspected the unit and walked through the main building and found no animal smell in my unit nor the main common area. Consider the legal route to termination using an N5 Form--you can find it on the website of the Ontario Landlord and Tenant Board.As for your tenant's status. The answers are not legal advice and no one should rely on the answers provided as legal advice. A landlord who encourages or allows dogs to be off leash to his property is inviting any dog bite victim to sue the landlord. please help, Hi Gabe: The landlord may have his wishes and the desire may be a reasonable one or a "good thing" to do. However, there are other issues in play, and I'd like to address those. I told my fiance we should just ignore it because as mentioned the manager has been into our home before and he knows I have more than one dog and that if we were personally the issue, we would have received a letter by now and not just a general letter to all the tenants. Failure to abide by the requirements of any such by-law would also be grounds for termination of a tenancy. Unfortunately, if memory serves, I don't think you will find anything explicit in this statute about animal size restrictions. Can you answer these for me wether they are legal or not please and thank you!! Owning a dog can get expensive, and unless you set out a monthly and annual budget, it’s hard to pinpoint how much a new dog will cost you. It seems to me that when you became aware of the broken pipe you reported it. Read the instructions to the N5 form which you can get on the Landlord and Tenant Board website.Leaving every single light on in the place is wasteful. Many people use that space to play fetch and run their dogs and ensure they get enough exercise. Section 14 deals with animals so the limitation imposed by the landlord isn't valid with respect to allowable animals. I rent from a landlord and the complaint was made the the building management. In my firm we have seen the effects of vicious dog bites and the disfigurement and disabilities caused by dogs. We have two dogs, so my fiancé is out there everyday cleaning up after our dogs and his. While the parainfluenza virus on its own produces mild symptoms, it frequently presents as a co-infection with other kennel cough agents. It needs to state that a landlord can't even inquire, verbally or otherwise, as to pet ownership. This blog is intended to assist people in learning about Ontario Landlord and Tenant Law. 2006, c. 17, s. 76 (3)The law does allow termination if the tenant's animal causes an allergic reaction. The combined instructions from your landlord make it clear what is going on and I don't think the Landlord and Tenant Board would put up with these directions.Michael K. E. Thielewww.ottawalawyers.com. Another neighbour (who lives above him) could also hear it. and it prevents reasonable use by other tenants? Well said and a good summary of the current lay of the land when it comes to renting as a pet owner.Michael K. E. Thielewww.ottawalawyers.com. Most of the other chapters in this Dog and Cat (Ontario) Legal Guide consider cats jointly with dogs in relation to protecting the human interests respecting nuisance, and personal and property safety. His apartment door is in front of the elevator. As you describe the demand it sounds arbitrary and if there is no reasonable context it is entirely unenforceable.Michael K. E. Thielewww.ottawalawyers.com. He said that the lady's husband is employed by the building as cleaner in the building and he should behave properly with tenants and make sure to have good behavior. These Officers will be in uniform and carrying photo identification. Is it possible that your cats are spraying the walls in the hallways? He also leaves every single light on whenever he leaves the house because his dog is scared of the dark. In such circumstances, restricting pets from using that space might be reasonable. i signed a lease that said no pets and ive seen ppl on tv talking about thiseven if you sign a lease that says no pets, there is still NOTHING a LL can do once you move init is NOT enforceable, Hi: The right to have pets in a rental unit is not an unfettered right. Ontario's Breed Restrictions August 29, 2005. If the tenant/dog owner is an employee then it is possible that they are not tenants and could be evicted quickly by the landlord. We really want him out. There is a balance and some noise will have to be tolerated. It is rather straightforward in how to fill it out. Even if you do light an occasional candle (which I don't recommend if there is a clause against it), the basis for eviction is going to have to be impaired safety and that will be a difficult one to prove. It is also extremely difficult to regulate that behaviour through termination notices. Even though the dog has not showed aggressive behaviour towards humans other than growling at the postman, and he refusing to deliver the mail at times. Selective rent increases because of pet ownership leaves the rent increase open to challenge. You are clearly signing up with a landlord who does not know the law and is clearly willing to make demands that do not comply with the Residential Tenancies Act. The only legal deposit is a last month's rent deposit and the amount is limited to the amount of one month of rent. The Form T2 is on the Landlord and Tenant Board website. The application is free to file and is less confrontational way of proceeding on this issue.Good luckMichael K. E. Thielewww.ottawalawyers.com. We signed the contract together (same contract) and it says "no pets allowed" and that "a fee of 1000 cad/month will be charged for an accommodation of such". If your tenancy is covered by the Residential Tenancies Act you may not be legally evicted for the mere fact of owning pets or having pets in your rental unit. That's almost 7 months ago. IMPORTANT NOTICEAny answers provided are intended to reflect the Law of Ontario, Canada. but also a "Pet Policy" which is new to me and they say: "we welcome you and your pet/s. This course is aimed to focus on correcting the common mistakes that many dog breeders tend to make and how to avoid common bad practices. Awesome article, very detailed and useful information,thank you for sharing. Hi: There is an answer for you already in the law. The study did not further report how many households have, for example, three or more Will the adjudicator grant the remedy? The absurdity of that being highlighted by the thought of what that looks like. As you are not using candles it will be impossible for the landlord to prove that you are. I can't have animals with any sort of fur anywhere near me or I will end up sick in the hospital. The Ontario Residential Tenancies Act prohibits harassment of tenants by landlords. Very likely though, these applications will not be successful. Instead of simply ignoring the ban and doing as you please (there instigating a possible confrontation), consider getting a group of tenants together to file a T2 application to the Landlord and Tenant Board to get a ruling and Order.Best of luckMichael K. E. Thielewww.ottawalawyers.com. While you have the right to have a pet, that right is restricted if the pets cause damage or otherwise interfere with the reasonable enjoyment of the premises by the landlord or another tenant. Tenants and could be evicted quickly by the dog run around a but is quite normal this to. Matter of legal or illegal has the benefit of our clients more than a thinly veiled attempt to tenants. 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how many dogs can you own in ontario