Landlord and tenant paralegal’s answer:
The Residential Tenancies Act says that any rental agreement provision preventing a tenant from keeping a pet is void. However, this does not mean that the tenant is free of any obligations to keep a dog, cat or other pet from misbehaving. What can be done when the tenant’s dog barks?
What dog problems are substantial
If the dog’s behaviour substantially interferes with other tenants or the landlord’s “enjoyment” of the rental property, the landlord can evict the dog owner for this reason. In general, common issues which are often seen as interfering with enjoyment are:
- Constant and loud barking, especially in the evening and nighttime.
- Aggressive and violent behaviour, causing fear of injury or actual injuries to other pets and people.
- Issues with the pet’s hygiene and related damages to the property.
However, to support the eviction of the tenant with a dog, the manifestation of these issues must be substantial. This means that the other tenants or landlord must experience real problems because of the pet’s conduct, such as sleep deprivation, health issues, property damages, dog bites, etc.
Eviction due to the dog problems
As always, the eviction procedure of a dog owner with a problematic pet includes the standard steps:
1. Give the tenant an appropriate eviction notice in the form approved by the Landlord and Tenant Board. The type of the notice depends on the following
- the size of the rental building,
- the number of rental units in the building, and, finally,
- the type of issues created by the pet, and some other factors.
Of course, it is better to consult a landlord and tenant paralegal to choose the proper form of the eviction notice.
2. File an eviction application with the Landlord and Tenant Board to set a date for the eviction hearing.
3. Prepare and attend the eviction hearing to obtain an eviction order. To this end, the landlord must be well-prepared for the hearing to secure the eviction of a tenant with a dog. She or he must prove the fact supporting the eviction with evidence. A landlord and tenant paralegal may help to choose and prepare such evidence.
4. If the tenant does not move out voluntarily after the eviction order is issued, the landlord may file the order with the respective sheriff’s office. The sheriff will attend the premises to enforce the eviction order and, if needed, forcibly remove the tenant from the apartment and oversee the locks changing. Please read more about the sheriff here.
Read more about the eviction procedure here and here.
If you are struggling with a tenant whose dog interferes with your or your other tenants’ life, don’t hesitate to contact us for a case assessment.
