Legal and other issues with common areas of Toronto buildings
July 5, 2019 8:33 PM   Subscribe

I live in a live/work loft in Toronto. Been here 14 years or so. In the past few years, other tenants have decided the area in front of my unit would be great for leaving their unwanted crap (furniture, beds, dishes, you name it) for other tenants to freely take. In addition, other tenants have started letting their cats wander the halls. I do not like either of these things...

I work from home and my clients come to me. Some are allergic to cats. I also have a friend who is severely phobic of cats--they've all refused to enter the building. (The last time the phobic one entered, she had her bicycle. She saw the cat, dropped the bike, and fled from the building in fear. I found her hyperventilating on the street.) I have spoken to the cat owners and they're dismissive, saying everyone else loves the cats.

The unwanted furniture and such ends up sitting around for days until I get tired of walking past it and throw it out. The tenants then, I believe, think it's been taken by their neighbors, and then more shit appears. They've chosen the area in front of my place because it's at the intersection of corridors and the only area everyone has to pass to exit the building.

I have of course complained to the landlord, who tells me she's also tired of it, but she does not live in the building and probably sees only 20 percent of it. Two years ago, she put written warnings through the doors of each unit but that was it. It worked for about six months then started again.

I'm tired of it but love my loft and do not want to move, but it's affecting my mental health, wallet, and relationships. What can I do legally about this? How should I proceed?
posted by dobbs to Law & Government (22 answers total) 1 user marked this as a favorite
 
Is this a condo? There might be bylaws regarding common areas. I would ask the property management company (not the landlord) to post notices in the common areas about the problem. If there is an online forum for the building, I would post it there too.
posted by saturdaymornings at 8:41 PM on July 5, 2019


Response by poster: I should also say that I own a dog with a ridiculous prey drive. She has killed every non-human, non-dog species that has entered the offleash park (raccoon, rabbit, squirrel, chipmunk, bee, wasp, birds, mink, etc.). Of course, when I leave the building with her (on leash), I have to restrain her from killing the cats. I have told the cat owners this but they seem to think I'm exaggerating. Am I liable should something happen when the dog is on leash and the cats are in the common areas where they don't belong?
posted by dobbs at 8:42 PM on July 5, 2019


Response by poster: No,it's a rental unit in a live/work building. There is no property management company or online forum. It's an old factory that was converted to lofts in the 60s.
posted by dobbs at 8:43 PM on July 5, 2019


Am I liable should something happen when the dog is on leash and the cats are in the common areas where they don't belong?

Around here if your dog was to attack somebodies pet, especially considering you know and warned people about the possibility, there would be a good chance your dog would be confiscated and destroyed.

It's passive aggressive but considering consulting with the landlord failed I'd probably take the left items and leave them in front of rather than in the disposal bins. This does two things: 1) it signals to the people leaving the items that the items are trash and 2) it involves the landlord in a conflict with the garbage collection people which the landlord will resolve by enforcing a no dumping policy (IE: your problem becomes their problem).
posted by Mitheral at 8:55 PM on July 5, 2019


Response by poster: I appreciate the comment, but I already put stuff in front of the bin as it's often too large to throw into the bin. But, the landlord is the garbage collection person. There is no third party.
posted by dobbs at 9:17 PM on July 5, 2019


If you know who's putting out the stuff, can you put it front of their unit door?

Also, I wonder if there's a health-based complaint to be filed with the Landlord and Tenant Board. Note that the tenant can be evicted if their pet is causing you to have an allergic reaction. Presumably that doesn't include your guests, though. Any other health issue the cat might be causing you?
posted by If only I had a penguin... at 9:49 PM on July 5, 2019 [1 favorite]


If it seems that there is some demand for giving away furniture and you don't want it in front of your place, here's what I would do:
- Figure out an alternative place. Put a ton of signs up saying THIS IS NO LONGER THE GIVE AWAY ZONE GO TO FLOOR 3.
- If there is a way for people to advertise their free stuff electronically, then giver and taker can coordinate to meet door to door.
posted by k8t at 10:50 PM on July 5, 2019 [2 favorites]


Is there another place in the building that could work as a "freecycling" exchange? For example, in one building I've been in, there was a spot for such items in the laundry room. If there was an "official" place for that sort of thing, it would draw the stuff away from outside your door.
posted by Johnny Assay at 10:52 PM on July 5, 2019 [1 favorite]


I think part of the problem (only part) may be new people moving in and thinking this is normal. Any dissemination of information has to happen _regularly_ -- apparently every six months, based on your experience. That might help with people who just don't care as much, too.

The cats thing is different, of course.
posted by amtho at 10:58 PM on July 5, 2019


Best answer: I'm a lawyer, and I formerly practiced landlord tenant law in Toronto. I am not your lawyer, this is not legal advice, etc.

I think you want to explore other solutions before thinking about legal action. Bringing legal proceedings against your landlord has a tendency to damage your good relationship with them (assuming you have a good relationship now), and in a long-term tenancy where you want to stay - and where the outcome you want requires your landlord's willing participation - I think there's a lot of value in maintaining that good relationship.

Secondly, I'm not sure this is a situation that lends itself to a clear win for you at the Landlord Tenant Board, which is where you would be going if you pursued legal action. The Board can only make orders against your landlord - ie it can't make your neighbours (who are kind of the real problem here, as I see it) do anything. Even if the Board ordered your landlord to keep that area clear, the result might wind up being pretty similar to where you are now - people keep dumping stuff there, your landlord makes periodic attempts to do something about it. Same with the cats - even if your landlord is ordered to make other tenants keep their cats inside, your landlord isn't going to be patrolling the halls for cats 24/7, and so it sets up a situation where you get an order but you wind up having to continually call in your landlord to try and enforce the order - ie ratting out your neighbours, which is not likely to produce a good dynamic between you and them.

This is not to say that legal action is necessarily doomed or unadvisable (and this is not legal advice!), but what you want requires your neighbours to change their behaviour, and I think it would be worth exploring some practical solutions at this point, before getting involved in a legal fight with your landlord over it.

For the dumping area: can some other area be designated as the 'free cast offs' area? have you tried talking to your neighbours directly about the problem? if you see someone leaving something there, have you talked to them about it? have you put up a polite sign in the current area explaining that it's interfering with your use of your unit, and asking people to leave their cast-offs somewhere else? You may have already done some or all of this already.

The cats are a bit trickier, but have you tried talking to any of your cat-owning neighbours directly about it? I don't know the layout of your complex, but would it be possible to make your hallway / access area a cat-free area, and let the cats roam other areas?

If working it out with your neighbours isn't going to work, I'd suggest writing to your landlord and clearly (not threateningly!) stating what the problem is, how it's impacting you, and what you want done about it and why, if you haven't done so already, before pursuing any legal action - ie make a Serious Request that hopefully flags this as a serious issue that your landlord needs to take seriously.

Finally, the reality of living in an shared building is that you will never be able to completely control your neighbours' behaviour to your satisfaction, so even if you're able to get enthusiastic cooperation from your landlord and/or most of your neighbours, or a Board order compelling a solution, there may still be that one person who thinks they have a right to let their cat roam the building, and there's just only so much you can do about that before the costs begin to outweigh the benefits.
posted by persimmons at 5:56 AM on July 6, 2019 [2 favorites]


Response by poster: Thanks, persimmons. I have, indeed, tried all of those things -- except, I've never caught anyone leaving stuff there. There are no cameras in the building either. When I talk to other people about "What do you think about all the stuff in the halls?" or "Did you see the sofa someone put in the hall?" everyone says, "Hideous. And it's embarrassing to have guests" (or something similar). No one ever cops to it.

Others have also complained to me about the cats--their presence, the hair they leave behind, and their smell.

When I put up notes asking people to stop doing these things, they just tear them down.

There is no more suitable space to designate to leave stuff. It would just be in front of a different person's door, which is not really a solution. With the exception of the halls, there is no common space in the building. There's no tenant group or anything like that and it's not that kind of building. There's no gym, elevator, rooftop patio, underground parking lot, etc.

Also, because the units are so enormous, no one ever leaves. I think we've had 2 new tenants in the past 5 years so don't think it's newbies thinking the space is truly a drop off point. I've been here 14 years and many here consider me a noob.

Anyway, thanks everyone for your answers.

I mostly just wanted to know if there was some law being broken that if the landlord were presented with something more official, she would put effort into it. (Cameras or something and written warnings to offenders, etc). Rather than it just being a nuisance to some of the tenants like me. For instance, I cannot imagine having a bed, sofa, or appliances in the hallway is cool with fire regulations or that cats roaming free in a building doesn't break a health code.
posted by dobbs at 6:22 AM on July 6, 2019


The problem is that your idea of an ideal living situation is at variance with the other tenants'.

They think it's ok to let their cats wander and for trash to be piled outside. You don't like cats in the halls and prefer a more presentable common area.

The only things you can do are move out and find an environment where rules are more enforced, change your attitude so that you don't mind so much, or change their attitude so that other people care more and come in line with your beliefs.

In condo buildings (like where I live), there are people paid to pick up garbage and monitor common areas -- if the condo board and the owners decide this is something to spend money on. I'm guessing your landlord DGAF as long as there's no fire hazard and people keep paying their rent, so it's on y'all to set your own standards of common area housekeeping.

It sounds like you have a tremendously rare living situation in TO -- a huge live/work loft at an affordable price. If tenant turnover is really low and you want to stay living there, I think you're going to have to either deal with it, or form a common area pride committee or something, where you start motivating other tenants to give a shit.

Of course, there may be a whole group of other tenants who look at you and your snarling aggressive dog and your uptight irritation about things not being perfectly tidy and think you just don't really fit in there, and after 14 years you'll probably have an up-river swim to change their impression of you.

Good luck, though.
posted by seanmpuckett at 7:32 AM on July 6, 2019 [3 favorites]


I'm a cat owner and I let my cat outside. however if I got complaints from people I would stop. these people don't so call animal control. it is a nuclear option but my patience would stop when my business was affected.
posted by biggreenplant at 7:34 AM on July 6, 2019 [1 favorite]


Best answer: I mostly just wanted to know if there was some law being broken that if the landlord were presented with something more official, she would put effort into it. (Cameras or something and written warnings to offenders, etc). Rather than it just being a nuisance to some of the tenants like me. For instance, I cannot imagine having a bed, sofa, or appliances in the hallway is cool with fire regulations or that cats roaming free in a building doesn't break a health code.

So - and you should seek independent legal advice on this - there isn't really a bright line in the law applicable to your situation, either the cats or the cast-offs.

You landlord has a legal obligation not to substantially interfere with your reasonable enjoyment of the rental unit or the residential complex in which it is located. This includes ensuring that exterior common areas be maintained in a condition suitable for their intended use and free of hazards.

However, if you take legal action against your landlord, what you're really doing is going after the behaviour of your neighbours via your landlord. What the Landlord Tenant Board will be looking at is the reasonableness of your landlord's behaviour in the circumstances, which is slightly different than whether your neighbours are wrong or unreasonable to be doing what they're doing. It's possible, for example, that the Board finds that your landlord truly has made best efforts in this situation. Or that they issue an order requiring your landlord to take action, but you wind up with the kinds of enforcement problems I described in my earlier answer.

Pets are a tricky issue in residential tenancies law. You have a right to reasonable enjoyment, linked above. However, you landlord can't evict your neighbours for the mere fact that they have cats or that the cats are bothering you, and your neighbours potentially have a legal claim against your landlord if your landlord aggressively goes after them over the cats. Conflicts between tenants over pets put landlords in a difficult position, because they have to balance the conflicting legal rights and enjoyment of their tenants. This plays out in a similar way at the Board.

I don't want to sound like I'm minimizing what I'm sure is a frustrating situation, but I basically agree with this:

It sounds like you have a tremendously rare living situation in TO -- a huge live/work loft at an affordable price. If tenant turnover is really low and you want to stay living there, I think you're going to have to either deal with it, or form a common area pride committee or something, where you start motivating other tenants to give a shit.
posted by persimmons at 8:02 AM on July 6, 2019 [2 favorites]


Response by poster: I sincerely appreciate the answers but admit I'm a bit stunned at this:

However, you landlord can't evict your neighbours for the mere fact that they have cats or that the cats are bothering you, and your neighbours potentially have a legal claim against your landlord if your landlord aggressively goes after them over the cats.

The cats are not in the people's apartments or in the outdoors world around the building (on the street). They're literally sleeping on the welcome mat in front of my door inside the building. I open my only door, which leads to a hallway, and there are three cats chilling that I have to dance around with the dog trying to eat them. They don't even scatter! They're fearless. When I come home with the dog and a bag or two of groceries it's a comical nightmare.

If I have to move something in or out of my apartment, I put my dog in my neighbor's place and prop the door for two seconds and I spend the next half hour trying to make sure the cats haven't gone in my apartment when I turned my back.

I don't see how that's unreasonable or that it's a "mere fact" of them owning animals. To be clear: I don't care that my neighbors have cats, birds, dogs, or gimps, as long as they keep them in their apartments or under their control when not in their apartment, just as I do with my dog. :)

Thank you very much for those links! That was exactly the kind of thing I was looking for.
posted by dobbs at 8:47 AM on July 6, 2019


I should also say that I own a dog with a ridiculous prey drive. She has killed every non-human, non-dog species that has entered the offleash park (raccoon, rabbit, squirrel, chipmunk, bee, wasp, birds, mink, etc.). Of course, when I leave the building with her (on leash), I have to restrain her from killing the cats. I have told the cat owners this but they seem to think I'm exaggerating. Am I liable should something happen when the dog is on leash and the cats are in the common areas where they don't belong?
Here is the Ontario's Dog Owners' Liability Act.

Relevant bit:
Civil Liability
Liability of owner
2 (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1).

Where more than one owner
(2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. R.S.O. 1990, c. D.16, s. 2 (2).

Extent of liability
(3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3).

Contribution by person at fault
(4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person’s fault or negligence caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (4).

and this bit
Precautions by Dog Owners

Owner to prevent dog from attacking
5.1 The owner of a dog shall exercise reasonable precautions to prevent it from,

(a) biting or attacking a person or domestic animal; or

(b) behaving in a manner that poses a menace to the safety of persons or domestic animals. 2005, c. 2, s. 1 (15).

It sounds like you're trying to exercise reasonable precautions to prevent your dog from attacking the cats, but in the end if something happens anyway you're liable. If the owner of the deceased or injured cat takes you to court the damages awarded may be reduced if the court feels the cat owner's fault or negligence contributed to the situation.
posted by Secret Sparrow at 10:26 AM on July 6, 2019 [2 favorites]


I wouldn't hesitate to apply a water spray bottle to cats sleeping on my welcome mat.
posted by Mitheral at 10:27 AM on July 6, 2019 [5 favorites]


You'd be out the fee(s), but since this is harming your business: City of Toronto Fire Inspection Requests. Please thoroughly research this path -- what the cost would be to inspect a mixed-use building, if the name of the resident making the request would be disclosed, possible penalties for the owner for any code violations, etc. (I'm only familiar with multi-unit residential FD inspections in NY, where a similarly cluttered hallway would result in a warning detailing infraction penalties, then a second inspection to confirm the hall had been cleared.)

Wrap your welcome mat in aluminum foil or sticky tape for a couple of weeks to deter the cats.

Spray bottle to train their cats (to avoid you/your dog/that part of the building) and your dog (can learn not to attack while inside/on leash/cats in general).
posted by Iris Gambol at 10:28 AM on July 6, 2019 [1 favorite]


I think you should approach your landlord in a friendly way and bring the Humane Society’s example Pet Policy, and recommend that they adopt it by making it a part of future/renewing leases (if legal, they would have to check). Then it’s a bit easier to say “hey can you follow the policy.”
posted by warriorqueen at 12:38 PM on July 6, 2019


I was also going to suggest thinking of the pile of stuff in the hallway as a fire hazard.

My experience with Fire Departments is that they have zero problem fining the bejeezus out of people for similar stuff.

Again my experience is NYC FD-based. But the contrast between the FD and other city agencies was huge and quite striking.
posted by sciencegeek at 12:58 PM on July 6, 2019 [1 favorite]


Is this building on Sterling Road?

Seconding training the cats with a spray bottle.
posted by sixswitch at 8:23 PM on July 6, 2019


Response by poster: Is this building on Sterling Road?

No, but walking distance from there.
posted by dobbs at 11:47 AM on July 7, 2019


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