My tenant has obtained a 2nd pet, what do I do?
Often tenants move into a rental property and then without discussing with the landlord the option of obtaining a pet. What both parties need to understand is that the tenancy agreement is a contract between two parties and when one party alters the agreement the other party may have a case to end the tenancy. In a case of the tenant who has one dog and the tenancy agreement clearly states they can only have one pet, and they choose to obtain another pet without permission, the Landlord has two choices. Landlords are allowed to restrict the number, size, and kind of pet that is allowed in the rental property.
Choice number one for the landlord is to allow the tenant to keep the second dog they have obtained. If this is the choice two things need to happen. First the tenant needs to be advised the tenancy agreement will be amended to include the second dog added to the agreement. The second thing is the landlord should inspect the property to see the current state of the property with one animal, to determine the current condition of the property. This is extremely important when the tenant obtains a pet when one is not permitted. When they obtain the second one this allows you to clarify with the tenant what the condition is to the tenant with only the one pet. Many landlords ask can I increase the pet deposit since they do not have two dogs. The maximum allowable pet deposit is half a month’s rent at the start of the tenancy and is not allowed to be increased based on the number of pets.
Choice number two is to not allow the additional pet. In that case the landlord needs to advise the tenant the second pet is prohibited in writing and provide the tenant with a time frame they must move the animal from the property. If the tenant fails to vacate the additional dog, the landlord has the right to seek an eviction of the tenant based on the grounds of a material breach of the tenancy agreement. Filing a claim with the RTB may cause the tenant to seek alternate housing and move out. It may irritate the tenant and they may choose to fight the eviction with the RTB. There is the possibility the RTB allows the tenant to keep the pet, due to the wording of the tenancy agreement or the time frame of when you found out about the pet. If you find out about the second dog and don’t act on the issues immediately and then six months later choose to try evicting the tenant, the RTB would question why you failed to take this action. They may indicate that by not acting immediately you have agreed to allow the second pet to reside at the property. It is important to react to any situation which is an alteration of the tenancy agreement.
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