# Aquarium friendly apartments in Toronto?



## Joseph93 (Oct 7, 2017)

Hi, I'm moving to Toronto for work around May. Has anyone had trouble renting from their landlord/building for having a medium sized aquarium (25-35G)?


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## TBemba (Jan 11, 2010)

Joseph93 said:


> Hi, I'm moving to Toronto for work around May. Has anyone had trouble renting from their landlord/building for having a medium sized aquarium (25-35G)?


I rented a condo and the owner wouldn't allow any Aquariums. I think sometimes it's up to the owner.


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## Joseph93 (Oct 7, 2017)

TBemba said:


> I rented a condo and the owner wouldn't allow any Aquariums. I think sometimes it's up to the owner.


Did you specifically ask if he/she permitted aquariums? I expect that it usually comes up in the context of dogs/cats.


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## TBemba (Jan 11, 2010)

Joseph93 said:


> Did you specifically ask if he/she permitted aquariums? I expect that it usually comes up in the context of dogs/cats.


I have had aquariums for years and thought i would ask. I was politely told that they would prefer that I not have one.

I didn't have one for the 3 years i lived there


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## Boreas (Dec 8, 2015)

it's illegal to deny someone housing based on pets they have. You have no obligation to tell them you have an aquarium. They can not evict you if they find out you have a pet.

"a landlord cannot evict a tenant simply because they were unaware of a pet, or because the pet was adopted after the tenant moved in. A tenant can only be evicted if a pet is making too much noise, damaging the unit, causing an allergic reaction to others, or is considered to be inherently dangerous. Even then, the landlord must apply to the Landlord and Tenant Board for an order terminating the tenancy"


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## characinfan (Dec 24, 2008)

I never had problems with aquariums that size in apartment buildings in Toronto.

A 35-gallon aquarium is the weight of the tank, stand and decorations plus 290 pounds. Nobody would say that you can't have a 350-pound guest. It will be OK.


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## Joseph93 (Oct 7, 2017)

Boreas said:


> it's illegal to deny someone housing based on pets they have. You have no obligation to tell them you have an aquarium. They can not evict you if they find out you have a pet.
> 
> "a landlord cannot evict a tenant simply because they were unaware of a pet, or because the pet was adopted after the tenant moved in. A tenant can only be evicted if a pet is making too much noise, damaging the unit, causing an allergic reaction to others, or is considered to be inherently dangerous. Even then, the landlord must apply to the Landlord and Tenant Board for an order terminating the tenancy"


Thats true but my concern is that if I rent a condo unit, I will have to comply with the Condo's bylaws.

The provision you noted is in the Residential Tenancies Act (RTA). The RTA applies between the landlord and the tenant. On the other hand, the Condominium Act (CA) applies between the condo corporation, the unit owners, and the occupiers of the units (tenants).

While the RTA does restrict a landlord's conduct in face of a tenant having a pet, the RTA does not supersede the CA. If a condominium's governing documents has a blanket prohibition against pets, then such restrictions apply equally to both owners and tenants.

My concern is that the condo may have bylaws that attempt to restrict pets. I'm curious if these condo bylaws are commonplace or rare.


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## solarz (Aug 31, 2010)

Joseph93 said:


> Thats true but my concern is that if I rent a condo unit, I will have to comply with the Condo's bylaws.
> 
> The provision you noted is in the Residential Tenancies Act (RTA). The RTA applies between the landlord and the tenant. On the other hand, the Condominium Act (CA) applies between the condo corporation, the unit owners, and the occupiers of the units (tenants).
> 
> ...


I lived in a condo for 7 years, owned multiple tanks for, oh, 5 of those years?

Granted, I was owner and not renter, but if you're talking about the bylaws, I think as long as you're not disturbing anyone and not damaging the property, you will be fine.


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## Crayon (Apr 13, 2014)

Condo bylaws are specific to each condo and more and more there are allowances in the new condos for pets. Fish tanks, as much as they are pets, are not going to fall under the same scrutiny as cats or dogs. You don’t walk your fish, they don’t cause allergies or bark too loud, so quite frankly the restrictions on an aquarium are going to be more because the condo owner has a misconception of possible damage than anything.
So consider a couple things:
Insurance to cover the fish tank (if asked by your landlord you can show them confirmation of the insurance for the tank)
A calculation of the weight of the tank (to avoid any questions about the weight)

Not sure I would even mention the tank, if I was renting, cause seriously what’s the difference between a fish tank and an indoor hydroponic herb garden, or even a piano? (Yes, I know there are differences, just sayin)

And 35 gallons is nothing in the context of how large a tank could truly get. So if you have to say anything, say a small desktop fish tank. Much more palatable.


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## TBemba (Jan 11, 2010)

I don't think having an aquarium is illegal or against any condo board ruling. But I do think if you're renting from someone you should try to respect their conditions. Most will not rent to people that have pets because often, but not always those people tend to let their pets ruin the property in some way.

just because you can doesn't mean you should.


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## solarz (Aug 31, 2010)

TBemba said:


> I don't think having an aquarium is illegal or against any condo board ruling. But I do think if you're renting from someone you should try to respect their conditions. Most will not rent to people that have pets because often, but not always those people tend to let their pets ruin the property in some way.
> 
> just because you can doesn't mean you should.


I think this is just one of those thing where it's easier to get forgiveness than permission.

I mean, think about it, if you were the landlord, why would you say yes to such a question? It doesn't benefit you in any way, and there is always a risk, however small, of water damage.

On the other hand, would I freak out if I saw the tenant had a fish tank in the unit? No, it wouldn't be worth the hassle.

I think common sense should rule the day here.


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## bruce845 (Mar 9, 2015)

I know a friend that has nine 50 gallon tanks in an apartment in brampton and sold the fish/plants from it. The superintendent didnt mind as he was a hobbyist aswell and would buy from him lol


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