Condo Rules v. Tenant's Rights

By Puneet Shroff

Renting out a condominium unit in Ontario can be more complicated than renting out a typical residential property. A condo landlord must consider two overlapping legal relationships: the landlord-tenant relationship under the Residential Tenancies Act and the condominium relationship under the Condominium Act, declaration, by-laws, and rules.

A tenant in a condominium is still a tenant. The landlord must follow the Residential Tenancies Act, use the proper Landlord and Tenant Board process, respect notice requirements, and cannot simply remove the tenant because the condominium corporation is unhappy with the tenant’s conduct.

At the same time, a tenant living in a condo unit is also expected to follow the condominium’s governing documents. Condo rules may deal with issues such as noise, pets, smoking, parking, elevator bookings, short-term rentals, garbage disposal, balcony use, common elements, and move-in procedures. These rules are part of condominium living and can apply to owners, tenants, occupants, and guests.

The difficulty arises when a lease term or tenant expectation does not line up with the condo documents. For example, a residential lease may not prohibit pets, but a condominium’s declaration or rules may restrict the number, size, or type of pets permitted in the building. Similarly, a tenant may believe they can have guests, roommates, or use amenities freely, but the condo rules may impose limits on amenity use, parking, or registration requirements.

When there is a conflict, landlords should not assume the answer is simple. The Residential Tenancies Act governs the tenancy, but the Condominium Act and condo documents govern the use of the condo unit and common elements. A condominium corporation may also take steps to enforce its rules, and the unit owner may ultimately be responsible for the conduct of the tenant or the tenant’s guests.

This is why condo landlords should take steps before the tenancy begins. The tenant should be given the condominium’s declaration, by-laws, and rules. The lease should clearly require the tenant and all occupants to comply with the condo documents. The landlord should also keep records showing that the tenant received and agreed to follow those documents.

If a problem arises during the tenancy, the landlord should act quickly and carefully. Ignoring complaints from the condominium corporation can lead to legal costs, chargebacks, enforcement proceedings, and pressure on the landlord to resolve the issue. At the same time, the landlord must still follow the proper process under landlord and tenant law when dealing with the tenant.

These situations are often fact-specific. A noise complaint, unauthorized pet, smoking issue, short-term rental, parking dispute, or damage to common elements may each require a different strategy. In some cases, the issue may be resolved through communication and written warnings. In other cases, formal legal steps may be required.

For condo landlords, the best protection is preparation. Have a lawyer review the condo documents before leasing the unit, make sure the tenant receives them, use a properly drafted lease, and address complaints promptly.

If you are a condo owner renting out your unit, or if you are dealing with a tenant who is not following condominium rules, Puneet Shroff can assist with reviewing your options and helping you take the appropriate next steps. Contact Puneet at pshroff@sorbaralaw.com.