I hear many landlords say my tenants are great, they pay rent on time every month, we have no issues. Later they advised the tenants obtained a dog or cat but it is a good dog so they were okay.  

What many Landlords and tenants fail to understand is that a tenancy agreement is a contract between two parties. The agreement usually has multiple different terms and payment of rent is only one of many terms of the contract. 

If the tenancy agreement prohibits or restricts pets for example one dog and the tenant goes and gets a cat they are now in violation of the tenancy agreement. At the time a landlord identifies the violation of the tenancy agreement, they have a choice to make. The Landlord can enforce the terms of the agreement or they can choose to not do anything and that in effect changes the terms of the agreement.             

When a Landlord chooses to enforce the agreement they need take the action of communicating the issue to the tenant in writing and requesting the correct the issue within a reasonable time frame. For example if a person obtains a pet the landlord would not like the pet at the property they should send the tenant a letter advising them they have a specified time (I would suggest one month) to remove the pet. At the end of the specified period the Landlord should inspect the property to ensure the issue has been rectified. If the pet continues to reside at the property then the landlord can offer the tenant the option to sign a mutual agreement to vacate or to file a claim with the RTB to have the tenant vacated for breaching a material term of the agreement. 

Failing to take these two actions at the time of identifying the issue could be perceived by the RTB that the landlord was aware of the pet at the property and elected to not evict the tenant, meaning the landlord has accepted the pet at the property. It will be more difficult to evict when you have not responded at the time you have identified the issue.   

Section 47 of the Residential Tenancy Act describes the reasons for eviction by a Landlord for cause. Performing regular inspections of your property will provide the landlord the opportunity to ensure their tenants are compliant with the tenancy agreement.      

If you need assistance managing your rental property, Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com