No Pets Policy, Deposit Requested “Herewith”


Dear David,

I’m looking for a condo, but want one with a no pet policy.  I’m finding that very few condo developments in this area are pet-free. I have friends who live in rentals where by law, landlords can’t ban pets. Some complain of constant noise from barking, hallway accidents that aren’t cleaned up by owners, owners with multiple dogs, or dogs that are too large to be living in confined spaces.

I know that developers are able set rules banning pets from the outset, but why aren’t they doing so?  There is a need for this kind of housing. Not everyone wants to share a building with pets. – NOT A PET LOVER

DEAR NOT A PET LOVER: I understand your dilemma. You are correct that under the RTA (Residential Tenancy Act), landlords are unable to ban pets in a rental. Pets that create a nuisance for other tenants may be grounds for eviction, but this process would likely take a long time to work through. If you’re the one being disturbed, the wait could feel unbearable.

Pets are popular, which is why we don’t often see pet-free regulations. A condo that is pet-free must be designated this way, which is the only circumstance that overrides the RTA. If pet-free living is your preference, you’re on the right track by seeking out a condo with these rules.

PRO TIP: Continue to ask about pet-free policies as you hunt for a condo. If a complex is pet free today, it’s likely to stay that way. There are a few properties in the region that don’t allow pets, so hopefully you’ll be able to find something suitable.

Dear David,

I have heard that some sellers require a deposit along with an offer. If so, why is that? I am aware that such a request can be made, but also that a buyer is not required by law to provide a deposit until after an offer has been accepted. Would you kindly clarify what exactly these sellers are looking to achieve? – A SERIOUS BUYER

DEAR SERIOUS: Deposits can be handled a number of different ways. A seller may request that the deposit be delivered upon acceptance of an offer, or “herewith” (with the offer itself).

The guidelines in either case are set by a seller and their agent in hopes of achieving a desired result, but they aren’t laws. The seller is at liberty to make any request they choose with regards to the transaction; the buyer will decide whether they wish to honour it. If a buyer decides not to deliver a deposit with their offer as requested, they aren’t breaking any kind of law…but they do risk having their offer seem less attractive to the seller.

PRO TIP: When a seller requests that a deposit be delivered herewith, they do so for their own peace of mind. Submitting a deposit with an offer is a sign of good faith. The buyer who does this is showing that should their offer be accepted, they are committed to closing the deal. When a seller receives a great offer but the deposit cheque fails to arrive, it can be problematic to say the least. A buyer with cold feet can trigger an undesirable chain of events that none of us want to be involved in.

I hope this helps, but your Realtor can explain things further if necessary. #AskDavid #Advice