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An Ontario condominium's registered declaration prohibits dogs in units. A tenant whose lease says nothing about pets moves in with a dog and tells the property manager that the Residential Tenancies Act forbids pet bans. Who is right?

Correct Answer

D) The corporation, because the Condominium Act binds occupiers to the declaration

Section 14 of the Residential Tenancies Act, 2006 voids only a pet ban contained in a tenancy agreement. The declaration is not a tenancy agreement, and s. 119(1) of the Condominium Act, 1998 requires every occupier of a unit to comply with the declaration; under s. 119(3) the corporation may require that compliance, and s. 119(2) requires the owner to take reasonable steps to ensure it.

Answer Options
A
The tenant, because the Residential Tenancies Act voids every restriction on keeping pets
B
The tenant may keep the dog until renewal
C
Only the owner is bound, so the corporation cannot act against the tenant
D
The corporation, because the Condominium Act binds occupiers to the declaration

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Key Terms

pet restrictionsection 119RTA section 14declaration
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