Restricting Holiday Decorations:

Question:In Ontario, can my landlord refuse permission to install Christmas lights or other seasonal decorations in my rental unit?

Answer:In Ontario, a landlord generally can’t unreasonably interfere with your reasonable enjoyment of the rental unit, so they should permit seasonal decorations like holiday lighting unless the decorations create a real safety hazard or cause undue damage; under Residential Tenancies Act, 2006, S.O. 2006, c. 17, landlords must not substantially interfere with reasonable enjoyment (s. 22), while tenants can be liable for undue damage and landlords may terminate where there is wilful or negligent undue damage (ss. 34 and 62) or where conduct substantially interferes with reasonable enjoyment (s. 64).  If your lights involve wiring, ladders, water exposure, or damage risks, you can reduce refusal risk by asking in writing, using safe mounting methods, keeping wiring in good condition, and promptly addressing any concerns about damage or hazards with Ranger Paralegal Service paralegal support at (905) 240-7529.

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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.

Note: Please contact Ranger Paralegal Service by phone at: (905) 240-7529 to discuss any specific questions that you may have.

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:

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.