Restricting Holiday Decorations:

Question:Can my Ontario landlord stop me from installing seasonal or Christmas decorations if I’m worried it could cause safety risks or damage?

Answer:In Ontario, a landlord generally can’t unreasonably interfere with a tenant’s right to reasonable enjoyment, so they should allow safe holiday or religious decorations, but they may restrict or require changes if the decorations create safety hazards, undue damage, or substantial interference with others’ lawful rights, because a tenant must repair undue damage caused wilfully or negligently under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 34, and a landlord can seek remedies including termination for undue damage or conduct that substantially interferes with reasonable enjoyment under Residential Tenancies Act, 2006, S.O. 2006, c. 17, ss. 62(1) and 64(1), while the landlord is restricted from substantially interfering with reasonable enjoyment under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 22.   If your landlord is citing safety or damage, Civil Litigations Paralegal Services can help a paralegal review your lease and the specific installation plan and write a clear, practical response to protect both safety and your tenancy rights; call (416) 229-1479 to discuss what you can install and how to document it.

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Understanding the Limited Reasons to Restrict Installation of Seasonal Decorations Including Safety or Damage Concerns

In Ontario, landlords are generally required to permit installation of religious decorations and holiday displays by a tenant; however, if the decorations or displays create safety hazards with liability risks or cause damage to the rental premises, then the landlord may forbid the decorations or displays or may impose reasonable measures that eliminate the safety hazards and prevent the damage.

Note: Please contact Civil Litigations Paralegal Services by phone at: (416) 229-1479 to discuss any specific questions that you may have.

The Law

The relevant law, being the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, lacks explicit mandates relating to seasonal decorations or religious holiday displays, including Christmas lights, among other things, however, the Residential Tenancies Act, 2006, does contain mandates applicable to safety hazards and damage concerns as well as mandates applicable to rights of reasonable enjoyment.

Within the Residential Tenancies Act, 2006, section 34 states that a tenant may be held liable for damage caused to the rental premises and section 62 states that a tenant may be evicted for causing undue damage to the rental premises.  Additionally, section 64 states that a tenancy may be terminated where a tenant substantially interferes with a right, a privilege, or an interest, of the landlord, such as engaging in conduct that creates significant risks to the landlord.  Specifically, these sections state:

With all the above said regarding tenant behaviour relating to holiday decorations, it must also be noted that, per section 22 of the Residential Tenancies Act, 2006, a landlord is forbidden from unreasonably interfering with the rights to reasonable enjoyment of the rental unit by the tenant.  Specifically, section 22 states:

Interestingly, while a tenant is forbidden from causing safety issues or that may cause injury with potential liabilities incurred by the landlord or from damaging the property of the landlord, the landlord is forbidden from interfering in the reasonable enjoyment rights of the tenant.  Accordingly, a balancing of rights is necessary to ensure that a tenant is reasonably permitted to install holiday decorations upon the rented premises while the tenant ensures that any such decorations are safely installed and done so without causing damage.

Summary Comment

A landlord must provide tenants with the freedom to enjoy the rental unit which includes the freedom to install decorations such as holiday lighting displays, among other things; however, tenants must install decorations in such a manner that avoids creation of safety hazards as well as avoids causing damage to the rented premises.