Tag: Pets

Can You Be Evicted for Having a Pet in Ontario? Understanding Tenant Rights

There is a lot of confusion when it comes to renting with pets in Ontario. Many Ontarians believe it is illegal for landlords to discriminate against pet owners and that landlords cannot say no to pets. This is incorrect.

Can a Landlord Deny a Tenant for Having a Pet?

Landlords have the right to reject tenants if they suspect they will move in with pets. Ontario pet rental laws allow landlords to screen and investigate whether prospective tenants have pets. However, once a landlord accepts a tenant, can a landlord evict you for having a pet? The answer is no—under most circumstances.

As stated in section 14 of the Residential Tenancies Act (RTA):

“A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.”

This means that a no-pet clause in Ontario is not enforceable. Even if a lease agreement includes a pet waiver for rental property, once the tenant moves in, the landlord cannot evict them solely for having a pet.

When Can a Landlord Evict a Tenant for Having a Pet?

Although a pet eviction notice cannot be issued simply because a tenant owns a pet, there are exceptions where a landlord can take action:

1. The pet is dangerous – If a pet poses a safety risk to others, a landlord may take legal action.
2. The pet disturbs neighbours – Complaints about excessive barking or disruptive behaviour can lead to eviction.
3. The pet causes damage – If a tenant’s pet damages property, the tenant is responsible for repairs.

What If Another Tenant Has Severe Allergies?

A common concern among landlords and pets is allergy-related complaints. If a tenant has severe allergies affected by a neighbouring pet, the pet owner must ensure their fellow tenant is not disturbed. Failure to mitigate the issue may result in eviction.

For example, if pet hair contaminates communal laundry machines, a pet owner may be asked to wash their laundry elsewhere. If the issue cannot be resolved, the landlord may pursue eviction through the Landlord and Tenant Board of Ontario.

Legal Precedents Protecting Pet Owners

Court cases like Drewlo Holdings Inc. v. Weber, 2011 ONSC 6407 have reinforced tenant rights regarding pet ownership. In this case, a landlord attempted to increase rent for tenants with pets while keeping rates unchanged for non-pet owners. The court ruled that this violated the tenants’ right to reasonable enjoyment of the property.

This means that landlords must be value-neutral when it comes to pets. However, if a pet genuinely impairs other tenants’ enjoyment or damages the property, the tenant can face consequences.

Condominiums and Pet Restrictions in Ontario

One area where tenant pet laws in Ontario differ is within condominiums. Unlike rental apartments, condos can enforce pet restrictions under the Condominium Act. This allows condo boards to pass bylaws restricting or prohibiting pets.

If a condo’s declaration explicitly states that pets are not allowed, tenants must comply. Since many rental properties in Ontario are in condominiums, tenants should verify pet policies before signing a lease.

Are Pet Deposits Legal in Ontario?

Many tenants wonder, can landlords charge extra for pets in Ontario? The answer is no. Pet deposits for rentals are not legal in Ontario. Landlords cannot request additional payments beyond first and last month’s rent.

However, if a tenant voluntarily offers a pet deposit for an apartment in exchange for being allowed to have a pet, this agreement may be upheld.

Municipal Limits on Pet Ownership in Ontario

Aside from rental laws, municipalities in Ontario have their own restrictions on pet ownership. If you’re wondering how many pets are you allowed to have in Ontario, the rules vary by city.

For example, in Toronto, a household cannot have:

• More than three dogs
• More than six cats

Can a Landlord Stop a Dog from Visiting?

Some tenants ask, can a landlord stop a dog from visiting or can landlords say no pets even for short visits? While landlords cannot enforce a no pet clause in Ontario, they may have the right to prohibit extended visits if the pet causes disturbances or damages the property.

Final Thoughts

If you’re a tenant in Ontario, understanding rental laws for pets is crucial. While landlords cannot evict you for having a pet under normal circumstances, issues such as noise complaints, allergies, or property damage may give them grounds to take action.

If you require legal assistance regarding pet rental laws in Ontario, contact Devry Smith Frank LLP. Our legal team is happy to assist with landlord-tenant disputes and other rental-related concerns.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”