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Tenancy Problems - Most Recent Answers

Q: Dear Sir,

We have recently encountered a disagreement with our landlord that we are attempting to resolve. We live in a house of four suites that was sold to our present landlady two years ago. After taking possession of the house she requested we sign a new rental agreement. At the time we inquired as to whether a pet might be permitted under her authority. She provided no clear answer and the rental agreement we signed contained no clause disallowing pets. Later we received a copy of the RTA which was altered to include a 'no pets' clause scribbled in below her signature. Although we were sure she was not entitled to alter the contract without us resigning it, we did not pursue the matter, in an effort not to create poor relations.
A year later new tenants were permitted to move into one of the other suites with a dog and a cat. Assuming that the rules of the house were being applied fairly and consistently to all tenants we took this as a sign that us owning a cat would be permissible.
Three months ago we received notice from the landlady's property management company (PMC) that possessing a cat put us in violation of the RTA. We were requested to abide by new terms and pay a damage pet damage deposit. We responded to her and the PMC that we found the 'no pets' clause of our original RTA invalid for the reasons previously mentioned. We received no reply and assumed the issue had been resolved. That is to say until yesterday when we received a notice from her new PMC stating that we must remove the cat from the residence within 1 month or face eviction.
We are frustrated with the lack of communication from the landlady or the PMC and are strongly considering taking this case to arbitration. We also feel that she is using this cat issue to attempt to legitimize our eviction. My question to you is: Do we stand on a solid footing in this matter if it’s taken to arbitration?
Thank you for your help. The service you provide is appreciated.

A: Pets! Again with the pets. The Residential Tenancy Office has a policy guideline at http://www.rto.gov.bc.ca/documents/GL28.pdf Landlords can restrict pets in rental premises but the restriction must be reasonable. Prohibiting the keeping of a goldfish, for instance, doesn't fly. Neither will the landlord's addition to the tenancy agreement, after the fact as you identify, that 'no pets' is a condition of the contract. When a landlord wants 'no pets' he must specify it in the contract at time of signing, not afterward. You also identify that others on the premises have pets, so your argument will be 'why me?' The standard isn't being applied equally, nor reasonably. In my view, you stand on solid footing, should this go to dispute resolution. And the eviction threat? Don't sweat the small stuff at this stage. Only an order from the RTO or a real Judge can put you on the street, and then only after process and for valid reason. 1 year after the fact, on the premise of a scribbled notation you haven't agreed to, with others in the rental premises keeping pets doesn't paint for me a winning picture for the landlord.