What’s the Deal with Tenants and Pets?
One of the most misunderstood aspects of the tenant/landlord relationship is the question of whether or not pets can be permitted in the unit. It can be surprisingly difficult to find definitive information on pet policy online or elsewhere. Everyone seems to have their own idea of what is permitted and what isn’t. Landlords will typically say pets are not permitted and lease agreements typically have a “no pets” clause. But is that clause enforceable? As a landlord, you need to know what you can and can’t enforce. If you don’t mind whether or not your tenant has a pet living in your rental unit, than you can disregard this post; good for you! That’s not to say that landlords should all allow pets. It is completely understandable why a landlord would want a “no pets” clause to be enforced. So for the rest of us, let’s look at the specifics. If you need help with managing tenants, or need a property management service, contact us.
Apartments, Single-Family Houses, Duplex/Townhouse
Most rental units fall into one of these three categories. Apartments can be small apartments, medium sized apartments, or large apartments, single-family houses can mean you are renting out the entire house or you are simply renting out a room or portion of the house, and duplex/townhouse is unique in the sense that a townhome is typically a single-family residence that is built into a row of homes, and a duplex is a property that holds two separate single-family residences. Most landlords will have a property that meets one of the descriptive criteria outlined above, and for you landlords I have some bad news: A no pet’s clause is completely unenforceable. With that said, according to the Landlord and Tenant Board website, landlords are within their rights to refuse rental of their unit to someone with a pet. Therein lays the importance of the screening process, as a proper screening process will give you the opportunity to ask the tenant whether or not they have a pet, and allow you to exercise your right to refuse signing a lease agreement with them. With that said if the tenant is crafty and manages to fool you into believing that they are “pet free” when in actuality they are not, your hands are tied. Once the lease agreement is signed, you are stuck; you cannot evict a tenant for having a pet. Even in the case that you included a “no pets” clause in the lease agreement, it doesn’t matter; the clause is void.
Condos
Condos, on the other hand, are a little different. In the condo world, everything is circumstantial. Some buildings allow pets, some buildings do not, and you as a landlord who owns a condo unit in the building have no say in the matter. Every condominium listing has a “Pets Perm” code which indicates whether or not the building allows pets. As you can guess, “Y” means that pets are permitted, “N” means that they are not permitted, and “Restrict” means that some pets may be permitted, but it is based on restrictions. If a building operates under the “restrict” policy, that can mean many things. Most buildings have a restriction on the number of pets a tenant can keep, but the restrictions may be more specifics: some buildings have a weight limit when it comes to dogs, some buildings allow cats but not dogs, and some buildings will restrict certain breeds of dog and allow other breeds. What’s important to note, is that condo pet policy can change in a building over time. So it’s very important to keep up to date with the rules of your specific building. In a case where a building initially allowed pets but recently made a switch to “N” or “Restrict”, potential tenants may question you when they see dogs or other pets in the building. You’ll have to be aware of the buildings history, and explain to the tenant that these pets were “grandfathered in” prior to the no pet’s clause being implemented. Again, every building is different and some buildings may have pet rules that are manipulated or “worked around”, whereas other buildings may be very strict with a “no exceptions” stand point.
If you need help with property management, tenant management services, or looking into a property investment – contact CMG Toronto today. The best property management company in Toronto.
Keeping up to date with all of the current rules and regulations as set forth by the Landlord and Tenant board is extremely important. If you own a condo unit, you also need to be up to date with the buildings rules and regulations. Doing so will allow you to fully understand what you can and cannot implement, and what kind of “work arounds” may exist. If you have any questions, please do not hesitate to contact my team of professionals.
