Does a Landlord Have to Allow a Tenant to Have a Pet?

Although a Landlord May Ask a Rental Applicant About Pets, Once a Tenancy Starts a Landlord Is Forbidden From Imposing a Pet Ban Except In Very Limited Situations.

Notice to Evict for renovations document

It is somewhat common that a lease will contain a 'no pets' clause; however, as per section 14 of the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17 (the "RTA"), any such provision within a lease agreement is void despite the agreement established between the landlord and tenant; and accordingly, such a clause is unenforceable.  Specifically, the RTA states:

“No pet” Provisions Void

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

Exceptions

As with most rules, there are exceptions.  In respect of where a landlord is, generally per s. 14 of the RTA, forbidden from banning a tenant from having pets, s. 76 of the RTA provides the exceptions whereas it is said:

76 (1) If an application based on a notice of termination under section 64, 65 or 66 is grounded on the presence, control or behaviour of an animal in or about the residential complex, the Board shall not make an order terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that,

(a) subject to subsection (2), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants;

(b) subject to subsection (3), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or

(c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants.

Accordingly, if a pet is causing damage to the property, or disruption and interference to others, a 'no pets' condition may be permitted.  Additionally, if a municipal bylaw or other authority forbids the presence of pets, or if the tenancy is within a condominium corporation where the Condominium Declarations forbid the presence of pets, such may, and likely does, over rule the 'no pets' provision and the landlord may, and likely will, be successful in banning a pet.

Summary Comment

Generally, where a tenancy is governed by the RTA and a lease clause purports as a pet ban, such a clause is void and unenforceable. Some exceptions do exist. The possible exceptions include specific situations where a pet is shown as posing a safety risks such as a demonstrably dangerous dog, or where the pet is shown as substantially disruptive to others due to prolonged excessive barking or other interference to the living conditions and reasonable enjoyment of others. Allergy issues may also be a genuine concern. To obtain an Order granting an exception, a landlord must apply to the Landlord Tenant Board.

Legal Eagle provides Landlord Tenant Board services for clients located in and near Woodstock, Strathroy, Cambridge, Guelph, Brantford, as well as various other locations!

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to Legal Eagle

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a Legal Eagle representative.
Legal Eagle
Paralegal Solutions

476 Peel Street, 3rd Floor
Woodstock, Ontario,
N4S 1K1

P: (855) 695-7517
E: iangwilkinson@legalcentre.ca

Business
Hours:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







LEGALLogo: Legal EagleEAGLE


 PARALEGAL SOLUTIONS

SSL Secured
Trust https://legaleagle.ca


Animated Spinner