View Full Version : HELP!!Pets and rentals
07-03-2007, 08:56 PM
What is the law about pets? I'm looking for a place in Belleville and I have a dog...but many places state no dogs or no pets in their ads. Am I obligated to tell them I have a pet? Are they allowed to not rent to me because I have one? I need some help ASAP as i'm leaving tomorrow a.m to look at places on Thurs and Fri. Thanks
07-03-2007, 09:01 PM
I'm not sure what the law is but I think landlords can refuse dogs / pets if they choose to do so. But if you dont tell them ,they might not be able to kick you out after if you have one.
However I would stay away from those places because there will only be problems after ..if they say ...no pets ...and your neighbors will just complain all the time.
07-03-2007, 09:28 PM
Q6: The landlord says I must either move out or get rid of my pet; Do I?
A6: Only if the pet is dangerous, causes allergic reactions or causes problems for other tenants or the landlord, must you get rid of your pet or consider moving elsewhere as per Landlord application to terminate tenancy based on animals.
Even if you signed a lease with a "no pets" clause, if the pet is not a problem for anybody they can not enforce it; such no pets clauses are invalid under the law.
You do not have to move or get rid of the pet unless the Board issues a written order to do so.
If you need answers about the Residential Tenancies Act you may contact the Customer Service line for the Landlord and Tenant Board at 416-645-8080 or outside of the 416 calling area, toll free at 1-888-332-3234.
If your landlord is violating the law, then you can contact the Investigation and Enforcement Unit, (IEU,) of the Ontario Ministry of Municipal Affairs and Housing at 416-585-7214, or outside of the 416 calling area, toll free at 1-888-772-9277.
07-03-2007, 09:59 PM
Hi Tasma..thanks for the info...but i'm don't have a place yet....so I'm looking to see if they can really deny me rental because I have a dog.
07-03-2007, 10:01 PM
this is some info i came across on soonews by columnist -jackie hall:
As of January 31, 2007, the Residential Tenancies Act (RTA) states that a landlord cannot evict you for having a pet unless your pet is damaging the unit or common areas, or interfering with the reasonable enjoyment of other tenants.
We hounded the then Attorney General of Ontario, the Honourable Ian Scott to change the law to make it illegal for Ontario Landlords to deny residency to pet-owners. It was considered illegal to advertise that no pets were allowed. Our group had grown in numbers as it took several years for our pilot project to come to fruition. It eventually made it’s way into the then LANDLORD TENANT ACT. Pets are allowed and the law was commonly known as the ‘Fluffy Law’.
Lately I have been reading the ads in the Northern Ontario newspapers and I see a growing number of advertisements stating “apartments to rent - NO PETS ALLOWED”. This is discrimination against people who just happen to own pets. As for privately owned houses whose owners don’t want pets in their rental premises - the landlord cannot evict a pet owner; but who wants to rent from a cold-hearted landlord anyway? All pet owners should, however, be reasonable about their pet’s noise, cleanliness and odours etc. If a tenant leads a sloppy, noisy lifestyle it has nothing to do with the pet; the tenant is ultimately to blame. I have never known of a pet that is noisy or dirty if it has a responsible owner.
CREATURES GREAT AND SMALL ................
LANDLORDS - PETS ARE ALLOWED
By Jocelyn Field for Elliot Lake PAWS
Just a few weeks ago my original article about “The Fluffy Law” garnered quite a few responses from pet owners near and far who had received eviction notices or were afraid that eviction notices would be sent to them. This prompted me to call a lawyer to ask if anything had changed since the Residential Tenancies Act (RTA) see Part 2, Section 14, effective January 31, 2007. The answer came back loud and clear that you cannot be evicted simply because you own a pet.
The RTA is the new title for the old Landlord Tenant Act, with regard to “THE FLUFFY LAW” that was passed many years ago which made it illegal to publish a FOR RENT advertisement that stated “No Pets Allowed”. That still stands today. The NO PETS advertisements are popping up more now because real estate values are growing and some landlords will stop at nothing to get rid of pet owners to justify the need to jack up the rental fees to a new renter.
Now, let’s get to the nitty gritty of this issue. Keep in mind that if your neighbour makes accusations against you or your pets by virtue of your pets being noisy, dirty or threatening - a case can be made against the pet owner for not allowing for the “reasonable and peaceful enjoyment” of other tenants’ rented premises. If proven you and your pets may be evicted. If this occurs - keep all dates and notes with regard to this issue.
Condominium owners have their own Condo Association Rules and they must be adhered to. Smaller dogs and cats are usually allowed. If a condo owner wants to rent it out they must be careful that they have permission to rent out their condo and to accept pets. Demand to see the Condo Association Rule Book.
If a home-owner rents out his/her house - the owner cannot discriminate again pet owners. Don’t sign a lease or contract that states “No Pets Allowed” - read the fine print.
If you need help reading and understanding the lease then ask a smart friend for help or find a lawyer. Don’t make threats; be sure to have a witness with you. Don’t become intimidated. Above all - do be a good tenant and neighbour and keep your landlord happy and your pets healthy, happy and busy.
PLEASE REMEMBER that very young and very old pets can’t wait for hours and hours at the door with their legs crossed and a full bladder. Don’t feed your dogs just as you are going out, give them at least 30 minutes after a meal to go to the loo before you shut them in and leave them alone. Don’t let your cats out and DO get your pets spayed/neutered.
Be a responsible pet owner and don’t let the rest of the pet owners down. Some of us fought hard for the FLUFFY LAW - let’s keep it that way.
Your comments and/or suggestions are always welcome - please contact Jackie Hall at 848 6134 or firstname.lastname@example.org. PAWS FOR THOUGHT - Your pet may just save you and the lives of others in the building.
07-03-2007, 10:02 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: gottaplay</div><div class="ubbcode-body">Hi Tasma..thanks for the info...but i'm don't have a place yet....so I'm looking to see if they can really deny me rental because I have a dog. </div></div>
If they know you have a dog they can deny you...just like some buildings/ are for adults only and can deny children ....but the point is why would you wanna move into a building that dont want dogs ? ..there will will only be problems after
07-03-2007, 10:03 PM
but can she be denied a rental because she has a dog?????
07-03-2007, 10:04 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Huggy85</div><div class="ubbcode-body">but can she be denied a rental because she has a dog????? </div></div>
If the owner dont allow pets then I think she can be.
07-03-2007, 10:12 PM
toll free at 1-888-332-3234! Call in AM and find out for sure! I don't think they can once you rent and they can't just kick you out once your in. What about leaving your pet here for a short time, rent an apt, come back get your pet and tell them if they ask that you had planned to leave the dog with a relative but they were going to bring to to the humane society or whatever so you had to bring it back with you. Even if they kick you out it takes months to get you out by then you will find another place. It could work.
You do not have to move or get rid of the pet unless the Board issues a written order to do so.
07-03-2007, 10:24 PM
My point is why would you want to move to a building when you know they don't want pets there ? ...that will only cause problems
Specially when they are honest about it. Don't lie , it will get you nowhere and you will end up fighting.
07-03-2007, 11:00 PM
Thanks for the info! I agree that I wouldn't want to rent from someone who doesn't like pets. I've been honest in my search by saying that I have a pet, but that wasn't getting me appt's to look at. I'm on my last leg with going up to find a rental. I don't like to be less than honest, but I really need a place to live.
07-03-2007, 11:11 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: gottaplay</div><div class="ubbcode-body">Thanks for the info! I agree that I wouldn't want to rent from someone who doesn't like pets. I've been honest in my search by saying that I have a pet, but that wasn't getting me appt's to look at. I'm on my last leg with going up to find a rental. I don't like to be less than honest, but I really need a place to live. </div></div>
Don't worry , you will find a place, somehow things will always work out ..just have little faith
07-03-2007, 11:13 PM
Thanks Mac! I'm sure I will..it's just so stressful!! Mostly because I don't want to sell my house!! /ubbthreads/images/%%GRAEMLIN_URL%%/cry.gif Oh well.. I know your right... things will work out!!
07-03-2007, 11:22 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: gottaplay</div><div class="ubbcode-body">Thanks Mac! I'm sure I will..it's just so stressful!! Mostly because I don't want to sell my house!! /ubbthreads/images/%%GRAEMLIN_URL%%/cry.gif Oh well.. I know your right... things will work out!! </div></div>
well ..if it don't sell ..maybe it's a sign .....but trust me there's a reason for everything ...and everything will work out for you the way it was meant to /ubbthreads/images/%%GRAEMLIN_URL%%/smile.gif
07-03-2007, 11:28 PM
WOW I haven't heard that kinda talk out of you.....hmmm maybe ever are you getting soft Macs!
07-04-2007, 02:15 AM
A landlord not renting to someone who has pets is the same as them asking for a damage deposit - not legal, but it can certainly influence the landlord's decision. Legally, a damage deposit or first and last month's rent are not to be required. But most landlords ask for it. There may be a lot of potential tenants who have great references, good jobs, etc. But the ones who have the money for the first and last month's rent are more than likely the ones who will rent the unit. Just like the potential tenants without pets may look a whole lot better to many landlords. It is not fair or legal.
When I lived in BC (I am not sure if it is still the same there now), landlords could discriminate against people with CHILDREN! The majority of the ads in the paper said "No children allowed". Plus, they are legally entitled to a damage deposit there (half of one month's rent). I had a much easier time finding a place to live before I had children, and I had two cats! /ubbthreads/images/%%GRAEMLIN_URL%%/crazy.gif
07-05-2007, 08:49 AM
Building I moved into allows pets,including pigs. My son went on a tour of the building when we moved in and told me there was a pig upstairs. I told him you DON"T talk about other people like that! Smarten' up what's wrong with you!!! Come to find out there really is a pig upstairs...no wonder I kept smelling bacon.
07-05-2007, 11:57 AM
07-05-2007, 01:18 PM
07-05-2007, 01:44 PM
A landlord cannot deny you tenancy if you have pets but there is no way to fully prove that he denied you because of your pets. Here is the kicker. You dont have to mention that you have pets if the question does not arise. Also, there is no clause saying that you cant lie to the landlord but that would cause friction and could lead to future problems. If on moving day he notices that you have dogs, he cannot prevent you from moving in because there is already a mutual understanding that you are going to be the tenant effective the date that you and the landlord choose.
Under the landlord and tenant act, a landlord(lady) cannot evict you for having pets in the household unless if the pets are dangerous to the other tenants or neighbors, cause extreme damage to the house or property, or cause the right of peaceful living of other tenants.
My advice, let the fact that you have pets quiet unless the landlord(lady) asks. If your morals get the better of you and you cant lie about it, then look for signs that he/she is denying you tenancy based on that fact.
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