Restricting Holiday Decorations:

Question: Can a landlord in Ontario stop you from installing Christmas or other seasonal religious decorations in your rental unit if they say it’s for safety or damage reasons?

Answer: If you are a tenant in Ontario, Case in Point Paralegal Services can help you understand when a landlord may restrict seasonal or religious holiday decorations because of genuine safety risks or undue damage, based on the Residential Tenancies Act, 2006 and in particular the tenant’s responsibility for repairing undue damage under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 34 and potential termination for undue damage under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 62(1)   and the tenant’s protections against a landlord unreasonably interfering with your reasonable enjoyment under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 22; in practical terms, you should ask for the exact concern, show safe installation steps (for example, proper mounting and not blocking exits), and respond promptly if the landlord claims damage or hazards, and a paralegal can help you draft a clear plan, communicate effectively, and explore next steps for your specific situation across Ontario, call (519) 318-7843 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 Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, is without explicit directives regarding seasonal holiday decorations such as Christmas lights, among other things; however, the Residential Tenancies Act, 2006, contains various sections that are relevant to the safety concerns and the damage concerns of a landlord while also containing sections relevant to the rights of a tenant to enjoy the rental premises without unreasonable interference by the landlord.

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:

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.