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No Pet Clause In Lease Agreement Ontario

by admin on December 13th, 2020

The Rent Act allows tenants to have pets in the tenancy agreement independently of a “no pet” clause, provided the pet does not cause damage, abnormalities, allergic reactions to other tenants or is of a breed considered inherently dangerous. However, if the statutes of the condominium prohibit the presence of pets […] It is somewhat common for a lease with a “No Pets” clause; however, under Section 14 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 (RTA), such a provision is null and void under a tenancy agreement, despite the agreement between the lessor and the tenant; and, therefore, such a clause is not applicable. Specifically, the RTA states that the “no pet” clauses for leases do not apply under Section 14 of the Residential Tenancies Act. In cases where a tenancy agreement under the Residential Tenancies Act of 2006 contains a clause prohibiting a tenant from owning a pet, such a clause is generally, with a few exceptions, not applicable. Exceptions relate to a pet that poses safety risks, such as a proven dog. B, or when the pet seriously harms the appropriate drinking or living conditions of others in the residential complex, such as. B excessive barking of dogs, pets that cause allergy problems, especially to a limited extent. If the exceptions may apply, a landlord may apply to the Tenant Council for an order authorizing the prohibition of the inconvenient pet. Second, a landlord may refuse rent to a person who has a pet. It is unfortunate, but it is true. The protection of animal advocates applies only to tenants.

As long as a person does not actually enter into a lease, there is no lease; the person and his or her pets are not protected. The Ontario Residential Tenancies Act stipulates that any provision of a rental agreement that prevents pets is non-bitter. To remove the pet, the owner must prove that this pet actually causes damage to the premises, affects the enjoyment of the owner or other tenants, is dangerous or may be causing an allergic reaction to other tenants or the landlord. A lawyer who helps tenants find and maintain housing says Ontario`s new standard lease is a positive change that will improve relationships between landlords and tenants. First, you should be aware that the Ontario Residences Act does not allow rental owners to include “no pet” clauses in leases. The only exception is that the property is a condo and that the statement of the housing company prohibits pets. You should always know if the “no pets” provision is set by the owner (which is illegal) or by the condo company (which could be allowed – learn more about a future blog post). The standard rent will be mandatory from 30 April 2018 for new leases in entry and semi-detached houses, apartment buildings, rental units and outbuildings such as basement dwellings. When a residential rental agreement is governed by the Residential Tenancies Act of 2006, where a rental agreement contains a prohibition clause for pets, such a clause is generally nullified and unenforceable; However, there are some exceptions. Possible exceptions include circumstances in which a pet is proven to be a safety risk, as may occur with a dangerous breed of dog, or where it is proven that the pet significantly disturbs other people living in the residential complex or may even neighbours by barking excessively or due to some other form of disruption to living conditions and reasonable drinking conditions.

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