Real Estate

lying on rental application

  • Last Updated:
  • Feb 18th, 2019 12:59 pm
[OP]
Newbie
Feb 11, 2019
6 posts

lying on rental application

I live in Ontario and have a couple of kids.
I have to stay around my area and there are very few apartments available. Basement apartments are out, I am not a snob or anything like that they are just simply a no go for me.
The apartments that are available say they are for adults only, I don't care I have a couple of kids to house.
If I lie on my application and move my kids in what happens?

I called the LTB and they were kind of mum on the issue, I can only guess they want to keep the peace.

So what if I lie on my application and show up with two kids on moving day?
55 replies
Deal Fanatic
Feb 7, 2017
9912 posts
7204 upvotes
Eastern Ontario
Well, seeing as a Rental Agreement is a legally binding contract, I would say you have defaulted on your side of the bargain... so could be evicted.

What fun that would be ... being out on the street with 2 kids DESPERATELY LOOKING FOR SOMEWHERE TO LIVE ON SHORT NOTICE
Deal Addict
Oct 6, 2015
2149 posts
1137 upvotes
The no kids allowed 'rule' may very well be illegal and unenforceable.

But you might be evictable on the technicality that you didn't declare the proper number of tenants.
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Sep 27, 2008
3519 posts
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Adelaide
PointsHubby wrote:
Feb 13th, 2019 12:38 am
Well, seeing as a Rental Agreement is a legally binding contract, I would say you have defaulted on your side of the bargain... so could be evicted.

What fun that would be ... being out on the street with 2 kids DESPERATELY LOOKING FOR SOMEWHERE TO LIVE ON SHORT NOTICE
I don't believe the rental application is a legal contract. The lease obviously is, but while I imagine a landlord is generally able to evict/not sign a lease when they find someone lied on their application, it becomes a little murkier in this case. It's illegal to discriminate rentals to people with children, so if the justification is "I wouldnt have rented to them if I knew they had children" the landlord is admitting to doing something illegal themselves.

Out of curiosity, what type of wording do these ad's use to say no children?
Deal Fanatic
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Jun 26, 2005
9505 posts
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Toronto
In Ontario, and maybe Canada, saying adults only in a rental listing can't be legal. Come on.

The board can tell you that.

What if it is legal then your wife gets pregnant and have kids. You have to leave then? Of course not

You can apply and if your credit score is good, and they reject you you can get a lawyer and challenge them in the human rights Court. Firstly if they reject you try the board first of course.
Deal Expert
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Nov 15, 2004
17514 posts
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Toronto
rfdrfd wrote:
Feb 13th, 2019 8:53 am
In Ontario, and maybe Canada, saying adults only in a rental listing can't be legal. Come on.

The board can tell you that.

What if it is legal then your wife gets pregnant and have kids. You have to leave then? Of course not
Seniors-only buildings are somehow legal. I don't know what their backing is, but there's one in my neighborhood where anyone of regular working age and under aren't allowed to live.
Could HAVE, not could OF. What does 'could of' even mean?
Deal Addict
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Mar 16, 2010
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Burlington
Being a landlord must be awesome lol.
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Aug 17, 2009
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OP, what province are you from? In Ontario, landlords are not allowed to refuse you rental, because you have kids. See here. There are only three exceptions, as per the OHRC.

Having said that, some landlords will find ways to make your life difficult. I would not recommend lying on the application.
Corvus oculum corvi non eruit.
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Jan 2, 2012
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Piro21 wrote:
Feb 13th, 2019 8:54 am
Seniors-only buildings are somehow legal. I don't know what their backing is, but there's one in my neighborhood where anyone of regular working age and under aren't allowed to live.
That is fine because the age restriction is part of the condo/building by-laws already in effect. Same situation with pets, even though a "no pet" clause is not enforceable by the RTA, you still are not allowed pets if the condo/building has a general no-pets by-law.

So for OPs case here, any clause for "no kids" is not enforceable unless they would be moving into a condo/building that already has a minimum age by-law for residents and doesn't allow kids. So while it may be a jerk move, they can indeed lie and say they have no kids in any application and then just show up on the first day with kids if they want. Nothing the owner can do unless there are some eviction rules around lying on an application form in general (not specific to kids). Of course a renter could just say their application was truthful and decision to bring the kids was made after the fact, who knows

A renter could also state they have no pets, and then show up with pets on the first day. Same situation, nothing the owner can do about it as the RTA trumps any clause in a lease agreement and RTA states pets are allowed. Only exception here is if owner is living in same building and is allergic to pets. But since people aren't allergic to kids, won't apply here.
Deal Addict
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Dec 15, 2017
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Toronto
Generally as long as your kids behave they won't kick you out even if they said no kids at first. But if your kids are brats you will be kicked out even from an airplane.
Deal Expert
Aug 22, 2006
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rob444 wrote:
Feb 13th, 2019 11:08 am
That is fine because the age restriction is part of the condo/building by-laws already in effect.
How does this actually work?
Could I (let's say) put up some bylaws for a house I own that I want to rent?
Or if it applies to multi units only or something, how about like a duplex/triplex/4plex/etc?
But since people aren't allergic to kids, won't apply here.
I mean... I doubt I could get medical verification, but I'm totally allergic to kids.
Deal Addict
Jan 22, 2003
4511 posts
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Austin/Markham
What if the other tenants or landlord in the building has a restraining order that he has to live 50m from kids? That's the only thing that comes to my mind.
__
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Deal Fanatic
Aug 14, 2007
9931 posts
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Toronto
rfdrfd wrote:
Feb 13th, 2019 8:53 am
In Ontario, and maybe Canada, saying adults only in a rental listing can't be legal. Come on.

The board can tell you that.

What if it is legal then your wife gets pregnant and have kids. You have to leave then? Of course not

You can apply and if your credit score is good, and they reject you you can get a lawyer and challenge them in the human rights Court. Firstly if they reject you try the board first of course.
That's all well and good, but would you REALLY want to have a landlord that you hates you, and vice versa?

I am waiting to hear on a rental myself and should find out this weekend... not sure why it's taking the guy 2 weeks to figure it out. That said I'm not lying about a single thing on my application at all.

OP, if you need to move somewhere and you have kids, you can't rule out specific types of apartments if you need to move. If anything just get it over and done with on a short term / month to month lease and keep looking. There's tons of places out there. Could also check actual apartment buildings as well as this may be more suitable for you.
Deal Guru
Feb 24, 2018
10617 posts
10692 upvotes
Dpack22 wrote:
Feb 13th, 2019 10:29 am
Being a landlord must be awesome lol.
It's a job, even if it's side income. People require time and attention.
Deal Fanatic
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Nov 6, 2010
8418 posts
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Montreal, QC
Based on your OP it sounds like it's an apartment complex run by an organization as opposed to a single dwelling owned by a landlord, is that correct?

Either way have you considered getting in contact with the landlord/rental organization and asking them why the "no kids" policy and go from there? Communication is key and beats trying to be sneaky (even if it's legal).

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