Restricting Holiday Decorations:

Question: Can a landlord in Ontario restrict or ban my seasonal holiday decorations and Christmas lights if they say there’s a safety or damage risk?

Answer: Yes. In Ontario tenancies, your landlord generally can’t unreasonably interfere with your reasonable enjoyment of the rental unit while you are installing reasonable holiday decorations, but they can restrict them if there is a genuine safety hazard or if the decorations create a real risk of undue damage to the unit or complex (for example, unsafe wiring, blocking exits, or causing damage when installed). Under the Residential Tenancies Act, 2006, the tenant is responsible for undue damage caused by wilful or negligent conduct (Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 34) and a landlord may terminate for undue damage (Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 62(1)); the landlord may also act where conduct substantially interferes with reasonable enjoyment (Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 64(1), and they must still not substantially interfere with reasonable enjoyment (Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 22). If SFG Paralegal Services LLP (Paralegal) in Ontario can help you understand whether the restriction is reasonable and what steps to take to protect your access and reduce risk, call (888) 398-0121 to get started.

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.

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:

Despite the above concerns regarding decorations installed by a tenant, it is also important to bear in mind that section 22 of the Residential Tenancies Act, 2006 forbids a landlord from unreasonably interfering with the reasonable enjoyment of the rental unit by the tenant.  In this respect, section 22 specifically 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.