There are some issues relating to pets in Ontario. Some Landlords don’t like them. The Residential Tenancies Act will not allow a Tenant to be evicted because they have a pet.
This leads a number of agents to suggest hiding the pet for a week or two and then having it surface later. This may not be the best advice.
Using this approach is: “counselling someone to commit fraud” which is a Criminal Offence. This matter hasn’t been properly litigated in respect to this issue.
Here are some of the rules:
- People have the right to have pets.
- But, people don’t have the right to impose their pets on other people.
- Condos can exclude pets.
- The Residential Tenancies Act wants Landlords generally to permit pets.
- So, once there is a pet, you can’t kick out the Tenant.
- If you don’t like this, then, don’t be a Landlord (under the RTA). Operate something else which would be exempt.
- It’s OK under the RTA to refuse a Tenant on the basis that that person has a pet.
- It’s not OK to lie, deceive and use fraudulent means in order to “get in”. The Courts have never liked “fraud”.
- A “contract” created based up a fraudulent deception is VOID.
Brian Madigan LL.B., Broker