Pet Rules - are they enforceable?

November 15, 2008

The Landlord and Tenant Act says that you cannot evict a tenant because they have a pet.  Many tenants living in condominiums have tried to argue that they are entitled to keep their pet based on the Landlord and Tenant Act.  Where they fail is that the Condominium Corporation does not fall under this Act., Condo’s are governed by their Corporation’s Declaration, By-laws and, Rules and Regulations.  Each owner or tenant that rents a condominium must abide by these registered documents.

If anywhere within the condominium documents, contain rules prohibiting pets or has pet restrictions, then this rule is absolute and without fail enforceable.

The Condominium Board of Directors has many options to enforcing these rules. Options can include the eviction of a tenant, or a court order to have the pet removed.  The costs to enforce these rules are many times charged back to a unit owner, so the penalty is even greater.

Pets are a big part of our lives and as a Realtor it is important that my clients understand all rules that may affect them, including the pet rule.  Don’t get caught up in assumptions, do your do diligence.