Ontario renters...Can I be evicted for breaking a verbal agreement that is not on the written lease?

2013-11-01 5:39 pm

I am a student living in Ontario, Canada.
I moved into an apartment recently, that has nothing about pets stated in the lease, though the landlord told me when I moved in that he was no longer allowing new pets in the building (those that lived there already because they are grandfathered into the building are allowed to stay until they pass away, so as of now the building is still swarmed with all sorts of pets).
He did however say It was okay that I bring my pet snake with me.

I'm looking to get another snake, and I've started having to keep live rodents as a food supply for the snake....my landlord is not aware of this, however I'm wondering if I can be evicted for this should my landlord ever find out? We did have a verbal agreement to no animals, but he approved of my snake, and there is nothing about pets in the written lease..

Does he have grounds to evict me should I get caught with any additional pets in my apartment?

更新1:

That is a very good point, and that is exactly how I view the rodents. They are not my pets, and are in fact a completely different species than you would find available for pets in a pet store. I never intended to have to raise my own food supply for him but I was not able to find any pet stores in the city to sell me live feeders and my snake has only ever accepted live prey. There is nothing in the lease about animals/pets of any sort. He is a nice landlord, and I don't intend to lie to him about anything. Should he happen to ask about the bedding and rat food he has seen me bring numerous times into the building, I would be honest with him. I just want to be sure that should for any reason in the future he decides he wants me out of the apartment, that he can not use this issue as reason alone to evict me. Thanks so much!

更新2:

There are only a handful of pet shops in the city, all of which sell only frozen feeder rats. One store said they would order in live for me, but only if I was purchasing a large supply at once, which does me no good. The pet stores that do have live rats sell them as pets and pets only. Going in on a weekly basis to buy another $10 "pet" rat is not something I'm comfortable doing.

回答 (3)

tro

2013-11-01 5:59 pm

the written contact is the only defense you have
if pets are not included in the contract either or not, the lease is the binding element
he personally cannot change it without amending the contract you both agree to and sign

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[匿名]

2013-11-01 5:55 pm

That's more complicated than you may realize.

In real estate, agreements must be in writing to be enforceable. If the lease does not prohibit pets then pets would be allowed. However, as a practical matter, you really don't want to unnecessarily anger your landlord. If you did--and you know what he meant from the conversation--he might be able to find something in the lease to justify an eviction.

Next, some would argue that live rodents as a food supply does not constitute "pets." Yes, mice and rates CAN be pets. But they can also be a food supply (as you intend). They can also be nuisances; many buildings have mice or even rates in them. I think it'd be a stretch to define the live rodents as pets. Still . . .

Next problem: Check your lease. Pets may not be mentioned, but what about "wild animals" or "farm animals." Those are sometimes forbidden. Some people, for instance, have pigs as pets. But the landlords often have been successful at having them evicted, arguing that pigs are farm animals, not pets. Ironically, in many cases, mice could be considered pets but snakes would not be.

Question: How have you been feeding your snake thus far? As I understand it, they really just go for living food.

Honestly, I'd talk to your landlord. Explain the situation. Express your appreciation that you've been allowed to have a snake. Explain what you'd like to do. Note that you've been a good tenant. And see what you and he can work out.

Hope that helps.

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Slickterp

2013-11-01 6:40 pm

Yes, you can. You have the permission for ONE snake. Not another, and not the mice/rats. You can't find any place to sell you mice/rats for your snake? I had snakes for years, lived multiple places, and NEVER had an issue finding food.

Nothing about pets in the lease means you can't have them unless you ask. An animal is a pet, even if it's not a pet. Add in that escaped mice and rats will cause a pest problem for the whole building, and you are screwed.

He can absolutely use that issue a lone to evict you.

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