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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101013
Experience:  Lawyer
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Can a landlord charge a monthly fee to keep a pet in a rented

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Can a landlord charge a monthly fee to keep a pet in a rented unit.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I will need a few more facts first please.

Is this a residential tenancy?

Is this what the landlord is asking for before the tenancy is starting?
Customer: replied 3 years ago.
It is classified under the Residential Tenancies Act and Regulations. They said up to two fixed cats were allowed and no mention of a Pet Agreement Form that wants me to agree to pay a $15.00 per month premium on their rent for their pet friendly unit. I can see a one time fee or deposit as other friends have paid in their rental units.

Is this rent being asked for before you sign the lease or are you already renting?
Customer: replied 3 years ago.
It was after I signed the lease and they told me up to 2 cats were allowed. When I inquired later about the pet situation, they simply said I would have to let them know if when I got one. This rent is being asked after I signed a 12 month lease and no mention of it is written in the lease.
So the case law shows that the landlord can charge for pets.

But that is part of the rent.

So if the rent is set for the year the landlord cannot raise the rent now.

The landlord can raise the rent in accordance with the rules for raising rent and not before and not in excess of those rules.

So there cannot be a rent increase now and thus cannot be a charge for the cats.

You can have the landlord contact Service Nova Scotia and ask for the Residential Tenancies Branch:

The landlord will find out the this is the law.

And, the landlord actually cannot charge a further security deposit for the cats either.

I hope that helps.
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