Winnipeg Free Press
May 28, 2005
Couple legally challenges landlord
By Patti Edgar
AN apartment-dwelling couple forced to give up two cats is legally challenging a landlord's right to keep pets out of rental buildings.
Lawyer Ryan Savage and his spouse, Gaylene Kapustiak, not only want to get cats Kato and Toby back, they want to ultimately strike down the "no pets allowed" clause common in most Manitoba leases.
"I understand where the landlord is coming from, but it seems to be a policy that says 'no pets allowed period' is overly broad," said Savage.
"I am not saying any animal should be allowed in an apartment. That's not what I am saying. I am saying it should be on a case-by-case basis. Technically, I could be evicted for having one goldfish in a small container of water and that seems unreasonable to me."
In Manitoba, a landlord can choose whether or not to allow pets into apartments as long as it meets the threshold of "reasonable," a long definition of which is spelled out in the Residential Tenancies Act.
Guide dogs are always allowed.
The Winnipeg Humane Society's Vicki Burns supports Savage's challenge because she says it would mean fewer pets turning up at the shelter when people move to a no-pet building or get caught with a pet.
Although most Winnipeg apartments are officially no-pet zones, caretakers often turn a blind eye if a good tenant has a cat.
Avrom Charach, vice-president of the Professional Property Managers Association, says the no-pets rule has been tested before and every time the pet owner loses because landlords have a right to protect their property from damage and other tenants from allergic reactions.
"I don't think he will succeed, because how do you get more specific than pets?" he asked. "I had a tenant who had four aquariums with turtles in them and the walls went soft because of the humidity. I had to replace them."
"Myself and other property managers can show orders for hundreds and thousands of dollars in damage caused by cats and other pets."
The Fort Garry couple challenging the law says their cats weren't causing any trouble.
They got them from a breeder about a year ago. The pets were clean, spayed and didn't do any damage. The caretaker only discovered them after an emergency leak in the apartment and the couple was forced to give the cats to Kapustiak's mother.
"They're a little on the chubby side and friendly. If you take one look at them they show you their belly," said Kapustiak.
"They were like our kids. We signed Christmas cards with their names. Not having them around is a loss."
After giving up the cats, Savage reviewed the province's tenancies act. He doesn't think banning pets from buildings fits the threshold outlined in the act of "reasonable."
Savage has begun the first step of a legal challenge, writing a letter to the Residential Tenancies Board. He expects he will have to go on to an appeals commission for a hearing. If he loses that round, he may take the case to the Manitoba Court of Appeal.
There are 100,000 rental units in Manitoba.
The Winnipeg Humane Society has a list of only 40 buildings and management companies in the city that allow cats. Two-thirds of those also allow dogs, although sometimes only small ones.
Karen Allain, who manages a cat- and small-dog-friendly building on Wellington Crescent, says she observes the owner's relationship with a pet before a lease is signed. She also makes tenants sign a waiver stating that they are responsible for any damage done to the building by their furry friend.
"I don't blame it on the pets, I blame it on the owners," she said. "Most pet owners treat their pets like they would their children."
But there are tenants who don't clean up dog feces in the hallway or have untrained cats that urinate on the carpet, destroying it.
Because of those kinds of animals, she said, she wouldn't want to see a blanket rule allowing pets in Winnipeg apartments. She'd prefer if landlords had a veto over which pets can come into a building.