Many Ontario residents know that in a rental building, they can have pets even if their lease has a no pets clause. Provided their pet is not a nuisance and doesn’t cause other tenants’ harm, human rights laws in Ontario override these “no pets” clauses.
However, a common misconception is that this is the case in any situation, such as in a condo. Unfortunately, if you are renting or own a suite in a condo, “no pets” rules can be enforced. But as is the case with many Toronto condos, some buildings have restrictions around pets.
While certain pets may allowed, there could be limits on the number of pets or their size or the type of pet permitted. One example is that quite a few condos in Toronto only allow dogs under 25 pounds.
And if you have a problem with that, you may be in for an expensive fight.
Toronto Real Estate Lawyer Bob Aaron’s latest column details the story of a couple with a 40 pound dog that moved into a condo where they restricted the size of dogs to under 25 pounds. The property manager sent them a letter telling them the dog had to go, but the couple made a Human Rights claim that the dog was a service dog.
Eventually, the judge ruled that the couple was not able to prove a disability, and regardless the couple would be welcome to have a service dog less than 25 pounds. Ultimately the condo corporation’s legal costs were $47,000 outside of the condo owner’s legal fees which had to be paid by the condo owner.
You can read the full Robert Aaron column here.
All condos are different, and buyers AND tenants should do their research and disclose to their real estate agent their pet needs when considering moving into a condominium. In these cases it’s important to review the condo corporation’s Declaration or the Rules & Regulations to find out what restrictions, if any, apply.
There is more than likely a perfect place out there for you and your pet, you just need to look!
Would you be open to chatting briefly, either online or over a coffee, to discuss your pet requirements? Send me a text or email.
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