Tenant’s son experiences ups and downs when neighbour’s dog is brought into elevator
Q: I live in a highrise building with my six-year-old son. Recently, a new tenant who has a dog (which he keeps on a leash) moved onto our floor. Though the dog barks when we get on the elevator, the dog has not made any advances toward my son, but my son is afraid of it. He is frightened to the point that he will refuse to get on the elevator at the same time as the tenant and his dog. What can I do about the dog ?
A: The Residential Tenancies Act provides that landlords cannot generally prohibit animals as pets. However, that right to keep a pet is subject to the obligation not to disturb other tenants unduly. A landlord can act when a tenant’s pet seriously interferes with the reasonable enjoyment of other tenants. The problem you have complained of may or may not be seen as substantial interference.
Many variables come into play for the landlord when making a judgment about what action to take regarding a dog. A few include: what type of dog is it; is it displaying aggressive behaviour; does the animal have a history of aggressive behaviour; has there been an attack; or is the animal being provoked when it behaves badly? To get that information the landlord should ask other tenants if they have had any problem with the dog in question.
If the animal is a breed that has been known to act aggressively, the landlord may be more willing to take action than if the animal is known as a gentle breed. However, if a child were provoking the dog, some reaction by the dog will likely not be seen as interfering with reasonable enjoyment.
If the landlord considers that the dog is interfering with reasonable enjoyment, then the landlord can take steps to help resolve the situation. Your landlord could start by sending a letter to the tenant informing him of his responsibility to take proper control of his dog. If the situation is not resolved, your landlord could issue a notice of termination to the tenant and then apply to the Landlord and Tenant Board for an order terminating the tenancy, unless the other tenant gets rid of the dog. Either way, if you inform your landlord of the problem, your landlord will then be able to monitor the situation.
In Ottawa, dog owners must follow the City of Ottawa’s Animal Care and Control Bylaw. This bylaw requires that all dogs be registered with the city and be kept on a leash at all times. In order for either Bylaw Services or your landlord to take any action, they will need sufficient evidence of complaints. Without such information, it is very difficult for either Bylaw Services or your landlord to pursue a complaint.
Depending on the breed of the dog, this could be an opportunity to teach your child about respecting animals and safe ways to interact with strange dogs. Perhaps you can approach the neighbour and tell them of your child’s fears. They may be able to work with you to build a friendly relationship between your child and the dog. Depending on the dog ’s size and disposition, perhaps your child can assist with animal care duties such as walking or feeding, so he can build a comfort level around the dog.
If this solution does not work, another option is for you to wait for the next elevator.