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Can I be evicted for having a dog in a condo

Customer Question

Can I be evicted for having a dog in a condo?
Submitted: 5 years ago.
Category: Canada Law
Expert:  Legal Ease replied 5 years ago.

Debra Thal (username) :

When you signed the lease were you told this is a pet free building or that there was a restriction on the size of your pet?

Debra Thal (username) :

Were you shown the by-laws?

Customer:

It is not a pet free building, there are lots of pets. I got a booklet 7 years ago when I moved in, didn't really read it in detail. The property management rules and regulations say dogs should not exceed 25 lbs in weight. My unit owner (landlord) has no issue with the breed (English Bulldog) and they are known to be great condo/apt dogs. He supports me keeping the dog and the Landlord Tenant Acts states that even if there is a 'no pet clause' in the lease they can't evict you. I would never get rid of my dog, he's my baby and I've been stressed since they started sending me letters. I am a Vice President at Wells Fargo and this is affecting my ability to work because I find it extremely harrassing and stressful. It is like a witch hunt.

Debra Thal (username) :

You are correct that you cannot be evicted for a non-pet clause in a lease.

Debra Thal (username) :

He could have not rented the space to you.

Debra Thal (username) :

But if he has breached their by-laws they can evict him which ultimately would lead to your eviction as the new owners could be buying the condo for their own use.

Customer:

I am leasing from the gentleman that owns the unit. He knows I am an excellent tenant and keep the premises emaculate. The is what is in the Landlord and Tenant Board law posted on the government of Ontario 'Landlord Tenant' Act. I am getting letters from the property management office because they see he weighs more than the 25 lb rule. We follow all the rules and regulations as far as controlling the dog, everyone in the building loves him, he doesn't bark and is very gentle. How can they discriminate based on weight is the dog is a well behaved pet and his owners follow the rules about cleaning up after and walking pets?

Debra Thal (username) :

It is common for by-laws in a condo to restrict the weight of a dog.

Debra Thal (username) :

They do this because that's what the owners want who voted for the by-laws.

Debra Thal (username) :

You cannot be evicted for this as you know.

Debra Thal (username) :

But what I am saying if the owner has breached the by-law by renting to you they can seek to evict him.

Customer:

The actual landlord says he has NO ISSUES with me having the dog, that is who my lease agreement is with. I got the dog after I had lived here for 6 years.

Customer:

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.

Debra Thal (username) :

I know the law.

Debra Thal (username) :

But I don't think you are reading my posts.

Debra Thal (username) :

There is no need to copy and paste the law for me.

Debra Thal (username) :

I am a practicing lawyer in Ontario.

Debra Thal (username) :

Please review all that I have explained.

Debra Thal (username) :

I am saying he cannot evict you but the condo corp can possibly evict him. The can seize and sell his condo.

Customer:

No disrespect intended. I am just very upset about the situation. My dog is my child any my stress therapy.

Debra Thal (username) :

I understand.

Debra Thal (username) :

I have three cats.

Debra Thal (username) :

But I am trying to explain the law to you.

Debra Thal (username) :

It may work out that they will let this go so as not to have to evict the owner.

Debra Thal (username) :

But it could be that they will not let this go and so you have to be prepared.

Debra Thal (username) :

I would call him and ask him to fight this.

Customer:

So they have the right to overrule the law? I guess that's the part I don't understand. Property management has the right to execute this type of action, seems very unjust? Reaching out for legal help isn't an option? I can tell you there are several dogs exceeding 25 lbs and people that have 2-3 dogs in their units. I wanted to obtain legal counsel to draft a response to their letter stating our dog had to be removed.

Debra Thal (username) :

What I am saying is that they cannot evict you.

Debra Thal (username) :

But if the owner breached the by-law it is possible they can evict him.

Debra Thal (username) :

And when someone buys the condo if they are going to buy it for their own use then they can evict you as you can always be evicted if the owner needs the condo for it's own use.

Debra Thal (username) :

Where do you live?

Customer:

Mississauga, Ontario - 45 Kingsbridge Garden Circle. The unit owner doesn't intend to sell the unit, at least not for several years and I believe he intends to leave it to his son as a future investment or offer it to me to buy it. He owns a number of properties that he privately leases for monthly investment income.

Debra Thal (username) :


You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Debra Thal (username) :

And let me see if I can find a legal aid clinic near you.

Debra Thal (username) :

Try this:

Debra Thal (username) :

http://peel.cioc.ca/record/BRA1033

Customer:

Okay thank you

Debra Thal (username) :

You are very welcome.


 


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