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HomeQ&AQ&A- Pet Ownership and Reasonable Enjoyment of the Property

Q&A- Pet Ownership and Reasonable Enjoyment of the Property

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Hello Landlords,

One of our trusted landlords recently asked a question in our Facebook Group https://www.facebook.com/share/g/1MyuUtrT4s/.

QUESTION:

“My tenants moved into my basement apartment Jan 2024. They have a dog and that wasn’t an issue however the literal second (not even exaggerating) they leave he stands at the top of the steps (where there outside door meets my kitchen) and cries. The first little bit we didn’t say anything he’s an older dog figured he was just getting used to the change. It’s been 11 months. I passively mentioned it to them and they said “he never did that before we moved here” well I’m not sure you know that for certain”

They are good tenants pay rent on time but the crying of the dog can be heard all the way upstairs, outside. Not really sure how to best proceed any tips/advice”

ANSWER:

Since the tenants are otherwise good and pay rent on time, it’s important to approach the issue diplomatically. You might want to have a direct but respectful conversation with them about the dog’s behavior, explaining that the crying is becoming disruptive, especially since it can be heard upstairs and outside. Suggest some possible solutions, like training or managing the dog’s behavior when they leave, and ask if they can make adjustments to reduce the noise. If the issue persists, you could consider discussing options like a noise barrier or relocating the dog to a quieter area of the apartment. Keep the tone constructive and focus on finding a solution that works for everyone.

While under the LTB the provision does not allow for landlords to prohibit the tenant from owning any pets there are and can be exceptions to this rule.

A landlord can evict a tenant for having a pet under certain conditions, such as if the pet causes significant disruption to other tenants’ reasonable enjoyment of the property or violates legal rights. Grounds for eviction include willful damage (e.g., a pet breaking property), illegal acts, or substantial interference like allergies, excessive noise, or odors.

DISCLAIMER: The information provided by Landlord Pro Legal SPC is intended for general informational purposes only and does not constitute legal advice. Use of this information is at your own risk. The content is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship or any other form of legal representation.

For legal advice tailored to your specific circumstances, please consult a qualified legal professional from Landlord Pro Legal by scheduling a free 15 minute consultation:

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