For Lease – this one bedroom condo at 600 Fleet St offers the perfect size and space for a downtown condo. Parking and locker are also included
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Can a Landlord Refuse to Rent to a Person who has a Pet?
Yes! In Ontario, a landlord can refuse to rent to their property a person who has a pet… however, once a lease has started, a Landlord cannot simply evict a tenant for having a pet.
Confused yet? Let me explain:
According to the Landlord and Tenant Board: “A landlord can refuse to rent to a person who has a pet.” They also mention that “A service animal is not considered a pet” and therefore if a tenant with a service animal makes an application to rent, that isn’t grounds for a refusal.
Now here’s where things get tricky…
The board also says: “A tenancy agreement cannot forbid a tenant from having a pet. And once there is a tenancy agreement, a landlord cannot evict the tenant simply for having a pet. This is true even if they agreed that the tenant would not have a pet.”
What this means is that once a lease starts, a landlord cannot evict or prevent a tenant from getting a pet. It also means that any wording in an agreement to lease which prohibits a tenant from having a pet is unenforceable. Even if the tenant hid a pet from you in the application process (ie. lied about having any pets), you still cannot evict them for having one.
HOWEVER… there are certain situations that The Board lists for when a landlord can start the eviction process and they are:
- the pet is making too much noise, damaging the unit or causing other tenants to have allergic reactions;
- the breed or species is inherently dangerous (e.g. a tenant’s pit bull could be considered “inherently dangerous” even if it hasn’t bitten anyone);
- the rules of the condominium corporation does not allow pets like the one tenant has.
The important distinction to make here is that a Landlord cannot evict the tenant just for having a pet, but rather only if a situation similar to the examples above occurs.
Can the Landlord Charge the Tenant a Damage Deposit?
The short answer is NO, and this extends to pet deposits as well. The Landlord and Tenant Board says the following:
A landlord cannot collect a damage deposit to pay for damage done to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages in the unit. The rent deposit can only be used for last month’s rent before the tenancy ends.
If the landlord finds that a tenant has damaged the unit or caused damage to the building, the landlord can give the tenant a notice of termination and/or ask them to pay for the damages. If the tenant doesn’t pay, the landlord can apply to have the LTB determine if there are damages and what should be done about them.
Tenants with Pets Summary
- Before a lease starts, a landlord can deny a tenants application simply for having a pet (Service animals excluded since they are not considered pets).
- A lease cannot contain any language that prevents a tenant from having or getting a pet.
- Once a lease is signed, a landlord cannot evict a tenant just for having a pet.
- A landlord cannot charge a tenant with a pet any sort of additional deposit for having a pet.
The Ontario Government is introducing a new standard lease for all residential rental agreements in Ontario! All residential leases signed on or after April 20th, 2018 will have to be written on the new forms and this will include all single and semi-detached houses, apartment buildings, rented condominiums and secondary suites (such as basement apartments).
Where Can I Download a Copy of the New Lease Agreements?
You can download a free copy of the agreement from the Ontario Governments Website!
Why is the Government Introducing the New Standard Lease Agreement?
As part of the Ontario governments Fair Housing Strategy – they promised to overhaul the process and create a standardized lease agreement. The purpose of the change is to make the wording of residential leases consistent across the province. For years, many agreements have included clauses and conditions that are not allowed in a lease as per the Residential Tenancies Act.
How Has The Wording Changed in the New Lease Agreements?
The new agreements are written in a easy to understand language and go further in-depth than the current lease docs being used. It also outlines the rights and responsibilities of both tenants and landlords, and explains what can (and cannot) be included in a lease.
You may have been using the same lease for years, not knowing that the clauses and conditions in it were not allowed. For example, the new agreement states that a landlord can only ask for a deposit equal to 1 month of rent. Many (us included), have made it standard practice to ask for First and Last month as a deposit. Another example is in regards to the NSF charge a landlord can ask for when a cheque bounces. We’ve seen leases that require a $50-200 fee – a sum that is way over the $20 allowed by The Act. The new agreements very clearly state that no more than $20 can be charged as a fee for Non Sufficient Funds.
Although these items may seem like a change – remember, these were the rules all a long – they weren’t very well enforced or made clear in past contracts.
Is This Going to Change Rental Values
It’s unlikely to have much of an impact (up or down) on values. This is more a change of process as opposed to a change of policy.
Are There Exceptions to Those who use the New Lease Agreements?
The standard lease form does not apply to most social and supportive housing, retirement and nursing homes, mobile home parks and land lease communities, or commercial properties. The government will develop separate standard leases to address these other types of residential tenancies.
Can I Still Add My Own Clauses to the New Standard Leases?
The 15th Clause of the new agreement states that a landlord and tenant can agree to additional terms provided the term are written in plain language and clear set out what the landlord or tenant must or must not do to comply with the term. If a term conflicts with the Residential Tenancies Act, 2006 or any other terms set out in the lease, the term is void and cannot be enforced.
Premier Kathleen Wynne, Finance Minister Charles Sousa and Housing Minister Chris Ballard announced plans to cool Ontario’s housing market. We’ve summarized the proposed changes, and included our thoughts on how it we feel it impact the market:
Rent Control For All Tenants
Current rent controls, only apply to properties built prior to 1991 leaving many of Torontos downtown condos exempt from increase limits (currently set at the rate of inflation). The new proposals will now cover all properties regardless of when they were built.
They are also looking into unlocking provincially owned surplus lands that could be used for affordable and rental housing development and a $125-million, five-year program to encourage the construction of new purpose-built rental apartment buildings by rebating a portion of development charges.
These steps won’t really do much to add to the current lack of supply, and with the introduction of rent controls, will probably deter developers from ever actually building new rental stock.
I do think that rent controls are needed, but at rate higher than just inflation – something as simple as inflation plus 5% would result in only a $140 rate increase/month on a $2000 rental. I was hoping the Liberal government would have introduced some controls on Hydro and Heat costs to help with monthly affordability for all!
Standardized Lease Document for all Tenants
This was briefly mentioned in todays announcement – Its purpose was to ensure “illegal terms and conditions” were not included in leases. I’m not entirely sure how they plan on handling this one as the Landlord and Tenant Board already has pretty specific guidelines that cover what can and can’t be included in leases. Also, every rental provides its own unique set of challenges that require the crafting of pretty specific clauses. To have a standardized lease could leave both sides unprotected!
An Assignment Ban
The government wants to ban speculators from assigning their pre construction purchases before completion. It’s not clear how they plan on qualifying someone as a speculator vs. a buyer who’s outgrown their space before the project completes.
A typical project takes about 2-5 years to complete and in that time things can change. I’ve worked with several buyers that have outgrew their initial purchase and wanted to sell before the project closed. When buyers take this route, the often sell at less than market value, but for more than their original purchase price.
We don’t see very many properties sell by way of assignment as they are often tricky to complete and require builders approval before the sale can be finalized. Those that do sell, often sell for less than market value (which helps those trying to get into the market)- so I’m not really sure how this will help with affordability.
Speculation Tax for Non-Resident Foreigners
Several reporters at todays announcement asked the officials for data to back up the claim that foreigners are buying up all these properties – but each time the question was avoided. In reality, the government doesn’t currently collect this information. As part of todays announcements, all purchasers will now have to reveal their citizenship and where they live. Buyers will also have to disclose if the property will be used as primary residence or investment (something we already have to do when applying for a mortgage)
They also planned to introduce a 15 per cent tax on home purchases by non-resident foreigners… but of course, since they currently don’t have any real data on exactly how many foreigners are actually buying property at the moment – it’s hard to say if this actually take any competition out of the market.
Final Thoughts
I’m a bit relived that these aren’t the catastrophic changes some have speculated may happen. “This plan balances those needs to stabilize the market and prevent a sharp correction that would be harmful to everyone,” said Wynne. My take is that ultimately these measures won’t bring much change to Torontos real estate market.
If you’re a buyer, things won’t be getting any easier anytime soon. You’ll still be faced with 5-20 people bidding for your “dream home”, with or without the foreigner tax.
Sellers, the climb continues (unless you’re trying to sell an assignment). Economics 101 teaches us that this price increase is fueled by a lack of supply and a ton of demand.
Renters of properties built after 1991 who haven’t received a rent increase in the last 12 months – expect a price bump in the coming weeks.
