Landlord restrict tenant from use of backyard-Ontario

[Victoriarox]

Hello there!
Can a landlord restrict a tenant from using there backyard?
Thank you for assistance in advance!

 

[Thomas Beyer]

Yes, you can, in my opinion, by just renting " the premises" and further defining "the premises" as just the unit, and adding certain wording regarding the yard ( presumably used by another tenant or you, yourself, living upstairs ? )

I'd say a yard is not any different than a garage or the downstairs suite that may also not be rented when you rent an upstairs suite with no garage.

 

[Victoriarox]

Thank you Thomas for your time and assistance in this matter! Have a great day!

Yes, you can, in my opinion, by just renting " the premises" and further defining "the premises" as just the unit, and adding certain wording regarding the yard ( presumably used by another tenant or you, yourself, living upstairs ? )

I'd say a yard is not any different than a garage or the downstairs suite that may also not be rented when you rent an upstairs suite with no garage.

 

[Matt Crowley]

Anyone have any luck trying to enforce a "no communal backyard" / not part of the premises? Unless there is a real partition where only one floor can access part of the backyard it seems like a common amenity to me. Any teeth to enforce a claim like this? Does the lease just grant the basement tenant an easement over the sidewalk that they need to pass to reach the basement suite without rights to enjoyment...what if the tenant skips when they walk within their easement limits?

 

[Thomas Beyer]

Does the lease just grant the basement tenant an easement over the sidewalk that they need to pass to reach the basement suite without rights to enjoyment...what if the tenant skips when they walk within their easement limits?

How is this different than not renting the garage to someone ? They too could break into it. So the ease specifically states that the back yard is for upstairs tenant only, and the tenant says "sure" and signs the doc. Presumably the lease rate reflects that, i.e. a lease with garage or backyard use is higher than one without.

 

[Matt Crowley]

Difference is the garage locks. Clearly access can be delineated and trespassing easily determined.

I've never tried restricting backyard access to someone so I don't really know. If I were a tenant and someone put that in my lease I would go ahead and sign it and not really worry about a threat of enforcement. That's all I'm saying.

The tenant needs to "trespass" to get access to their suite every day.

 

[Thomas Beyer]

Some folks leave their garage unlocked. If you leave your bike on a street, is it not still illegal to take it ? I get that enforceability is always an issue, but by definition a backyard is in the back, and usually the downstairs suite has a front or side entrance, and the backyard a few meters further back, with a door or without. Most humans knwo where the boundary is, more or less, even if there isn't a fence, a wooden door or a lock.