Does anyone know if you can legally charge an additional pet fee included with the rent for Ontario? I have a tenant who is paying $25 per month since they moved in last year. I did not take a pet deposit fee. Seems she is taking a paralegal course and requested a rebate based on section 106(2)(7) and section 134 (1)(A)(B) of the 2006 residential tenancies act, which does not specifically mention anything about pets.
Does your lease specify that she is paying a pet fee or was her rent simply raised $25 when she rented.
Pet fees, in fact no fees are permitted in Ontario. Setting her rent higher if she has no written proof it relates to her dog is arguable on your part.
My guess is that if this individual does not wish to voluntarily continue with your agreement you now have a tenant that is going to develop into a major headache.
Her reluctance to cooperate and a growing sense of resentment on her part will increase with the tiny amount of new found knowledge she is presently waving in your face.
To test my opinion offer her money back in exchange that she move out. Her response will likely be a resounding "I know my rights".
If this is the case you are facing major problems that will grow exponentially with her new found growing sense of entitlement brought about by her warped interpretation of new found knowledge. Knowledge which may or may not be applicable.
If you can not find a way to eject this tenant keep your distance and hope she does not make your life unbearable while she does stay. She is the seed from which bad tenants grow.
The lease mentions the rent amount stating "including utilities and pet fee". So far the tenant has been no problem. I'm not sure the $25 per month is worth the risk of having to find a new tenant and possibly suffering a vacancy, since it would take 49 months of collecting the extra $25 to recover the loss of one month's rent. Going forward I will make sure I don't mention the words "pet fee" in the lease and consider this case a learning experience.
I would strongly suggest caution going forward with this tenant as she is showing some negative tendencies and I believe she will be a problem. Be observant of the red flags.
I would give back her money and pray she does not become one of those "I know my rights" tenants.
In Ontario "I know my rights" is not a statement of fact it is a threat.
Be warned this is Ontario where tenants have the majority of the rights and this tenants growing knowledge will be a dangerous thing.
Having a paralegal in training as a tenant is going to be like living with a teenager. They know everything, you know nothing, and they don't hesitate to let you know it.
