Tenancy Advice - Eviction

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Tenancy Problems - Eviction

Q: I am being evicted for having a dog, when there are several other dogs in the building. Is this legal?
A: The short answer to your question is: It depends on the circumstances, although the question might also be determined by checking your rental agreement. Does the tenancy agreement state that you can keep a pet/dog on the premises? Did you give your landlord a separate deposit to cover possible damages caused by a pet? If you didn't include a pet clause in your written rental agreement then an application of the Residential Tenancy Act of BC might likely fall more for your landlord than for you.

If you were to challenge the landlord's Notice to End the Tenancy on the grounds that the landlord is trying to evict you for doing something that it appears he allows, then an Arbitrator might find your having brought a pet onto the premises isn't a material breach of the tenancy agreement, and the landlord is acting unreasonably. Then you'd win.

Regardless, every landlord has a right to issue an 'eviction notice'(Notice to End the Tenancy) for any of the allowable grounds under the Act. Where a landlord chooses to issue such a Notice he or she must be prepared to show there really is cause to do so.


 
 

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