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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101390
Experience:  Lawyer
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Canadian Ontario law, condominium -> owner relationship.

Customer Question

Canadian Ontario law, condominium -> owner relationship. I have a question with regards ***** ***** between landlord (me) and condo management. Condo management is threatening me to commence legal action because of noise complaints. First they got
few complaints for my previous tenant who I terminated my contract with because of it. Then they have one new complaint for my new tenant and they consider all of these complaints together threatening me with legal action. Is this right? What can they do to
me as a landlord? What should I do? How to deal with this sort of things in the future? If I terminate my current lease and third tenant will have complaint will management start legal action after every new complaint? Thanks.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

What is the cause of the noise? What are they asking you to do?

Customer: replied 2 years ago.
1. Dog barking 2. They just threatening with legal action after next complaint.
Expert:  Debra replied 2 years ago.

They may succeed because it is the duty of the Board to provide each owner with peaceful enjoyment of their homes and it is also your duty so if the owners are complaining you have to do whatever it takes to make sure the noise stops.

And if it continues with this tenant or another they will have a good chance of succeeding in a legal proceeding against you.

Customer: replied 2 years ago.
Your answer does not help me. I am restrictive by Landlord - Tenancy act. I can not come and beat up the tenant or I can not evict him immediately once complaint comes to my attention. I need to understand step by step what I should do to succeed in the case. Should I terminate a lease with each tenant immediately after getting first complaint? Or should I send a letter? What should I do after each complaint is received to be prepared to show to court I did everything I could in order to comply with condominium by-laws but could not succeed as something is not under my control? And another question - what are potential results of this action ? Fine? How much min-max? If I loose the first action will they do again it each time after new complaint is received?
Customer: replied 2 years ago.
Following few additional facts, which may be will help you to answer previous question and two new questions:
1. The lease agreement with the current tenant has paragraph which doesn't allow pets at the premises.
Q. Can I as a landlord do not allow pets, which coming with guests?
2. This paragraph was broken by the tenant twice and both with two complaints to the condominium Board about dogs barking.
Q. May these facts and complaints be a legal base to send termination letter to the tenant?
Expert:  Debra replied 2 years ago.

Of course you are restricted by the Residential Tenancies Act. But you can evict the tenant if the tenant is disturbing the neighbours and so as long as the Board knows you are taking steps to evict the tenant that will be good enough.

You should not terminate the lease immediately. You should give the tenant a warning and cc a copy of the warning to the management company.

You could be fined and if you don't pay the fines they can seek to have the condo seized and sold.

There is no minimum or maximum fine. What the fine will be is set out in your by-laws.

You can forbid pets and if the lease is breached that is grounds for eviction.

Yes you have sufficient evidence to seek to evict this tenant.

Customer: replied 2 years ago.
what about Residential Tenancies Act:
“No pet” provisions void
14. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 2006, c. 17, s. 14.
How I can forbid pets?
Expert:  Debra replied 2 years ago.

I am sorry. I didn't know that.

But it is still a breach of the tenancy agreement to deny the others the right to peaceful enjoyment of their homes.

Customer: replied 2 years ago.
It seems I could "forbid" animals by restricting their weight.
Q. Could be restriction for dogs 10 pound a reasonable limitation for my small condo?
Expert:  Debra replied 2 years ago.

Who said you can do this?

Customer: replied 2 years ago.
Many condominiums in Toronto (I know few of them) legally restricting dogs by weight - not more then 20 pounds.
Also I saw on internet few reports about cases against Boards about that restriction where condominium won.
Tenancy act telling that "No Pets" clause is void, it telling nothing about restriction. Condominiums announce that pets allowed but not more than 20 pounds.
Q. Can I do similar things?
Expert:  Debra replied 2 years ago.

Condominiums definitely do this all the time. I just was not aware that the Residential Tenancies Act would not allow this type of prohibition. If the Landlord Tenant Board has stated that pets can be restricted then you will be fine but I find that hard to believe because if the Act is supposed to allow tenants to have the right to a pet in their home I don't see how a landlord can restrict the size of the pet. Condominiums are different because it's about owners making decisions and not that of the landlord making a decision for a tenant.

I suggest that you contact the Landlord Tenant Board tomorrow and simply asked them.

Customer: replied 2 years ago.
Thank you. I have no more questions. Have a great day.
Expert:  Debra replied 2 years ago.

You too!