Restricting Holiday Decorations:

Question: Can a landlord in Ontario ban a tenant from installing seasonal Christmas decorations if the landlord says they are a safety or damage risk?

Answer: In Ontario, a landlord usually must allow tenant-installed seasonal decorations, but Paladin LLP (paralegal services) can help you evaluate whether the landlord’s refusal is truly justified by genuine safety hazards or a real risk of undue damage, because the Residential Tenancies Act, 2006 requires a tenant be responsible for repairs of undue damage caused by wilful or negligent conduct (Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 34) and allows termination if the tenant wilfully or negligently causes undue damage (Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 62(1));   it also requires the landlord not to substantially interfere with the tenant’s reasonable enjoyment (Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 22), so a ban should not be blanket or based on vague concerns.   If you want to install lights or decorations, keep wiring and mounting safe, avoid drilling or impacts that could damage surfaces, and offer reasonable measures to mitigate risk;   if the landlord still threatens eviction or interference, Paladin LLP can help you understand your rights and next steps, call (289) 925-1572.

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

Generally, a landlord must permit the installation of religious holiday decorations and displays by a tenant; however, where the decorations or display genuinely poses a safety risk or causes damage to the rental premises, a landlord may forbid the installation or require reasonable measures to reduce the safety risk and avoid property 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:

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:

As detailed per the law shown above, although tenants may be forbidden from creating safety hazards that may cause injuries and correspondingly impose liability risk upon a landlord as well as forbidden from causing undue damage to the rental premises as property of the landlord, the landlord is also forbidden from interfering in the reasonable enjoyment rights of tenants.  As such, the law requires that the rights that protect the landlord from unreasonable risks must be balanced with the rights that reasonably permit tenants to install decorations.

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.