Restricting Holiday Decorations:

Question: 1) Can a landlord in Ontario legally stop a tenant from putting up seasonal holiday decorations if the landlord claims there are safety or damage concerns?

Answer: 2) In Ontario, Freed Legal Services can explain that a landlord generally cannot unreasonably interfere with a tenant’s reasonable enjoyment of the rental unit, including allowing holiday decorations, but the landlord may limit or require safeguards if the tenant’s decorations genuinely create safety hazards or cause undue damage, because tenants are responsible for undue damage (Residential Tenancies Act, 2006, S.O. 2006, c. 17 at sections 34 and 62) and conduct that substantially interferes with the landlord’s lawful rights or creates safety hazards can justify action (Residential Tenancies Act, 2006, S.O. 2006, c. 17 at section 64).   If you’re facing a dispute about Christmas lights, outdoor displays, or attachments to walls or ceilings, a paralegal can help you assess whether the landlord’s concern is reasonable versus an interference tactic and outline practical, documented steps to reduce risk and avoid damage, including how to respond to notices and communicate safely-installed options; call (800) 716-1897 to discuss your situation today.

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.

The Residential Tenancies Act, 2006, at section 34, states that tenants may be liable for undue damage that is caused to the rental premise. Furthermore, section 62 states that tenants may be evicted for willfully or negligently damaging the rented premises.  Additionally, section 64 states that a tenant may be evicted for substantially interfering with a right, a privilege, or an interest, of the landlord, including conduct that creates safety hazards that pose significant liability risk to the landlord.  These sections explicitly 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.