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Aquariums and apartments

4278 Views 12 Replies 10 Participants Last post by  veronica.873107
Hey everyone,

So I've finally finished all my post secondary schooling and I'm looking to move out for the first time in the spring. My options are basically going to be limited to an apartment, probably in Mississauga.

I'm just curious as to your experiences with aquariums in apartments. I know a lot places don't allow pets yet I don't know if an aquarium would fall under. Conversely, even if they do allow pets, would having an aquarium be ok. Obviously when I'm ready to check out places I'll ask what is in the rental agreement. However, I'd appreciate you sharing your experiences. I'd like to have at least a 20 gallon running but probably not much bigger. Rental insurance?
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why wouldn't they not allow it. Unlike lot of other pets, fish don't bother neighbour, crap all over the floor I don't see why not. I have a tank in my apartment
That is true, the only thing I can think of would be if the aquarium breaks. It'll flood your floor, and potentially the floors beneath. And for that reason, I'd think the property management would either not allow them, or require some sort of insurance.
A lot of apartments will limit the size or deny an aquarium. You need to clear this when renting. Insurance is always a good idea, aquarium or not.
My daughter rents a basement apartment and was told outright nothing over 5 gallons and she didn't even ask if she could have an aquarium. I'm on the 5th floor of an apartment building and have about 280 gallons running.
If you are renting an apartment (be it a floor in a house or in an apartment building), you need to bring the issue up with the landlord, they can write in the contract that they do not allow pets. But in my past experience, that generally mean dogs/cats/reptiles. Most will be ok with an aquarium as long as you are not getting a 120gal+.

If you are renting condos, aside from getting the landlord's permission, you should also check the condo bylaws for that condo. For condos, the residents must follow the bylaws (well until they catch you), and many condos will state a no pet or limited pet rule. This might not be aware to the landlord, so its always safer to double check. When I bought my condo, I had to make sure its a condo that allowed for pets in their rules (the reason I am saying this for condos and not apartments, is that condos can legally prevent their residents from owning pets, but to my knowledge, apartments do not have this legal power--but since you are renting, you of course need the landlords permission first).

Insurance is something you should look into. Not so much to cover damaged equipment or lifestock (unless your lifestock is worth the insurance). But more for possible leaks and such which cause damage to the apartment and adjacent/underneath apartments.
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Do not worry. They can not force you to get rid of a pet, any kind of pet, if you are taking good care of it.

Read here: Ontario Tenants Law

Ontario Tenants Law said:
PETS AND "NO PETS CLAUSES":

Q6: The landlord says I must either move out or get rid of my pet; Do I?

A6: Only if the pet is dangerous, causes allergic reactions or causes problems for other tenants or the landlord, must you get rid of your pet or consider moving elsewhere as per Landlord application to terminate tenancy based on animals.

Even if you signed a lease with a "no pets" clause, if the pet is not a problem for anybody they can not enforce it; such no pets clauses are invalid under the law.

You do not have to move or get rid of the pet unless the Board issues a written order to do so.
For basements and other small size landlords, pets can be a big problem. But in large buildings, they can't prevent you having a pet like a cat or dog or much of anything else, provided the pet does not do any damage to common areas, or the unit, and does not bother any other tenants.

Pets not being allowed has been a standard clause in most apartment rental contracts forever, but there was a case that went, and I can't recall just now whether it went to the Supreme court or Human Rights, over an elderly lady who had a cat in a no pet building. She'd had the cat for years, nobody knew, 'til one day the super caught sight of it. This was back in the early 90s IIRC.

The woman was given a choice, get rid of the cat or be evicted. She wouldn't get rid of her cat so they evicted her, even though she hadn't anywhere else to go, and it meant she'd end up having to pay a lot more for rent in a new place.

The case generated so much publicity, all of it bad for landlords, because it seemed so heartless. Elderly lady, all alone, just her cat, and if nobody even knew it was there for years, the cat was certainly not bothering anybody, nor doing any harm to property. I'd have to try and look it up to be sure how it was resolved exactly, but she ended up with a place to live and her cat, and the no pets clause ended up becoming one that was unenforceable in Ontario. Provided the pets cause no damage and don't bother other tenants you can have dogs or cats, but municipal bylaws may limit the number of animals you can have. Some reptiles aren't allowed, some exotics aren't allowed, and you can find out from City Hall exactly what those are in any given city or township.

Condo's are an entirely different story because they have both bylaws and rules, which can differ between every separate condo corporation. If the rules say no pets, it takes a majority of registered owners to vote to change a rule like this. So you do have to ask up front, because it can cause you to be evicted for cause if the condo becomes aware of an illegal pet. The owner of the condo can find themselves in the position of having their unit seized and sold in some cases. I'm not any kind of expert on condo law, but I have a friend who served on a few condo boards and helped her write their rules for one of them, including the ones about pets. Their old rules didn't allow any dogs, but it was changed after months of lobbying owners to ask for a vote to change this rule. Since you're basically renting a house from its owner, they can pretty much make any restrictions they want to make. It may not be strictly legal, in terms of the Landlord and Tenant act but they can simply refuse to rent to you and fighting that kind of thing is far too much trouble to be worth the effort. Same goes for basement apartments, pretty much.

It used to be you would get a big hassle from landlords about water beds. Many would not allow them when they first began to be popular. In part that was because of worries over their weight, in part the possibility they might leak or cause a flood. It's not much of an issue now, unless maybe you're in a really old walk up flat with weak floors, perhaps. But you're often renting flats like these over storefronts, and the owners may live in one of them too, so some of them can be a bit problematic despite the legalities.

Big highrises can vary a fair bit, depending who owns them or who manages them. But having a very large tank is probably not the greatest idea in a rental situation. You have to have whatever liability and/or tenant property insurance you can get so you are covered in case of leakage or flooding, which might affect a number of units other than yours. Be very careful you maintain the filters, etc. properly, and are careful with buckets or Python type devices, so you can't be accused of negligence. It's also often the case with most types of home insurance, if you are away for any length of time, you have to have someone coming in regularly to make sure all is well for the insurance to remain in force in case of a problem. Nothing to do with whether the fish get fed, it's all about somebody checking that nothing is leaking or flooding, be it a fish tank or the water pipes.

Read the Landlord and Tenant act, find out what your legal rights are as a tenant - something most tenants never do but should. Find out what insurance is available so you'll be prepared with answers if/when the subject comes up. If you're prepared with the right knowledge and information it can be very helpful. Be honest with a potential landlord, as trying to sneak something by them can often backfire on you.
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Thanks for all the great info everyone.

I will definitely not be moving into a condo but an apartment building that is a rental property.

Good to know about that 'no pets' clause. So I guess more or less I'll be fine with some smaller aquariums, or rather can't be kicked out once I'm in.

I looked at insurance and got some quotes, pretty minor cost.
I have a 75G in a rental, and they told me no pets, specially dogs, from the beginning. I asked them about aquariums, and their fear was of flooding.
So far I had the annual inspection of the apartment, and they did not say anything about the aquarium.
I've never had a problem with aquariums in rentals -- mind you, the largest I had in one was 48 gallons. That said, renters' insurance is something every renter should have. It's not that expensive and it will be a big help if a leak happens (or a fire, or a break-in, or any other stupid thing that can happen to anyone).
Now if you find a rental where your hydro is also covered in your rent...out come the MH lights!!!! :)


Al.
Hey everyone,

So I've finally finished all my post secondary schooling and I'm looking to move out for the first time in the spring. My options are basically going to be limited to an apartment, probably in Mississauga.

I'm just curious as to your experiences with aquariums in apartments. I know a lot places don't allow pets yet I don't know if an aquarium would fall under. Conversely, even if they do allow pets, would having an aquarium be ok. Obviously when I'm ready to check out places I'll ask what is in the rental agreement. However, I'd appreciate you sharing your experiences. I'd like to have at least a 20 gallon running but probably not much bigger. Rental insurance?
No, aquariums do not fall under the "pets" category. Pet categories are actually 2. One is about cats and dogs since the owners care about their furniture (if any), walls, doors, floors etc. The other is more exotic "dangerous" animals. Many condos forbid snakes etc just for the safety of the other tenants.

For fish, you are fine
Do not worry. They can not force you to get rid of a pet, any kind of pet, if you are taking good care of it. Read here: Ontario Tenants Law
Yeah they can I'm in housing they are allowing me to keep 2 of 17 ...I'm going through it right now
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