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Landlord & Tenant

Pets in Rental Housing: Can a Landlord Say No Pets?

Many Ontario leases contain a line that says no pets. For most rentals that line cannot be enforced, but there are exceptions and limits worth knowing, for tenants and landlords alike.

The short answer
  • A no-pets clause in an Ontario residential lease is generally void, so a tenant cannot be evicted just for having a pet.
  • Condominium rules are different: a condo corporation can restrict pets, and a tenant must follow the condo's rules.
  • A landlord can still act if a pet causes damage, serious allergic reactions, disturbance or danger.
  • Service animals are a human rights matter and must be accommodated up to undue hardship.

The general rule

Under the Residential Tenancies Act, a term in a lease that prohibits pets is void. A landlord cannot end a tenancy just because the tenant has a pet, and cannot charge a pet deposit or pet rent as a fee for allowing one.

The exceptions

  • Condominiums: if the condo's declaration or rules restrict pets, they apply to owners and tenants. A landlord cannot override them.
  • Dangerous breeds: Ontario law restricts ownership of certain dogs, and that law applies whatever the lease says.
  • Municipal rules: local bylaws limit the number of pets, require licences or restrict certain animals.
  • Housing that is not covered by the RTA, such as a room in the owner's home where facilities are shared (see the shared accommodation guide).

What a landlord can do about a problem pet

  • If a pet causes damage, the landlord can serve a notice and apply to the LTB. The tenant can often fix the problem to avoid eviction.
  • If a pet makes noise or disturbs others, a landlord can serve an N5, and tenants can complain about interference.
  • If a pet causes a serious allergic reaction in another occupant, or the animal is of a kind or breed that poses a danger, a landlord can apply to end the tenancy.

Service animals

A person who needs a service animal because of a disability has the right under the Human Rights Code to be accommodated, even where a building has pet restrictions, unless that would cause undue hardship. A landlord can ask for reasonable information about the need but not for private medical details.

Good practice for tenants

  • Tell the landlord about your pet and keep vaccination and licence records.
  • Deal quickly with noise, waste or damage.
  • Consider pet damage coverage in your tenant insurance.

Common questions

My landlord's ad said no pets. Can I still keep my dog?

Once you are a tenant, the no-pets clause is generally void. A landlord may be able to choose a tenant who has no pet when first renting, but cannot enforce it afterwards.

Can my landlord charge a pet deposit?

No. A pet deposit is not a permitted charge in Ontario.

Who can help. Licensed paralegals can represent landlords and tenants at the Landlord and Tenant Board (LTB).

This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

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