Pets and Smoking (B.C.) May a landlord refuse to rent to a tenant who has pets? A landlord may insert a provision in a tenancy agreement that prohibits pets in the rental unit. This provision must be in the tenancy agreement when the tenancy begins, or a tenant must voluntarily agree to such an amendment. It cannot be enforced retroactively without both parties’ written agreement. May a landlord include a no-smoking clause in the lease? Yes, a landlord may insert a provision in the tenancy agreement that prohibits smoking in the unit or in the common areas (or both). This provision must be in the tenancy agreement when the tenancy begins, or a tenant must voluntarily agree to such an amendment. It cannot be enforced retroactively without both parties’ written agreement. If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant? Terms stating "no smoking and no pets" in the tenancy agreement signed by the tenant are legally binding as long as they specify the type of pets that are restricted, for example “no pets such as dogs or cats”. If a landlord discovers that the tenant is in violation of the rental agreement either by acquiring a pet, or by smoking, a written warning (called a breach letter) must be issued. The letter must state that the tenant must comply with the rental agreement, or the tenant will face eviction if they either do not get rid of the pet within a reasonable period of time, or if they do not stop smoking in the rental unit. The termination process cannot begin until the landlord has issued the breach letter.
Posted on: Wed, 04 Sep 2013 19:52:30 +0000
Trending Topics
Recently Viewed Topics
© 2015