Pets in Ontario Rentals: What Landlords Can and Can’t Do
Many landlords put “no pets” in the lease and are surprised to learn it can’t be enforced. Ontario law protects tenants’ pets, but it also lets you act when an animal causes real problems. Here is where the line is.
Key points
- A lease term banning pets is void under the Residential Tenancies Act.
- In a condo, the tenant may still have to follow condo rules that restrict certain pets.
- You can act on an animal that causes substantial interference, a serious allergic reaction or a real safety risk.
- Damage caused by a pet is the tenant’s responsibility.
Pets are one of the most common questions we get from landlords. The short answer: you can’t ban them through the lease, but you aren’t powerless when an animal becomes a real problem.
“No pets” clauses
Under the Residential Tenancies Act, a lease term that prohibits animals in the rental unit or building is void. That means you can’t evict a tenant just because they got a pet after signing a lease that said “no pets”.
Condo rules
If you rent out a condo unit, the standard lease lets you require the tenant to follow the condominium’s rules, which may restrict certain pets. Make sure the tenant gets a copy of the condo rules before signing. See the Ontario Standard Lease.
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You can serve an N5 or, in some cases, an N7 based on an animal. The Board will only end the tenancy if it is satisfied the tenant keeps the animal and that:
- an animal of that species has substantially interfered with your or other tenants’ reasonable enjoyment;
- the animal’s presence has caused you or another tenant a serious allergic reaction; or
- the species or breed is inherently dangerous to the safety of you or other tenants.
For the first two, the tenant’s own animal must have caused or contributed to the problem. Barking that disturbs neighbours, aggression toward other residents or serious allergies in a shared building are the kinds of situations that qualify. See the N7 notice.
Pet damage
The tenant is responsible for damage caused by their pet, beyond normal wear and tear. Damage deposits aren’t allowed, so document the unit’s condition at move-in and claim repair costs from a current tenant through the LTB. An N5 for damage gives the tenant 7 days to repair or pay for it.
Before the lease is signed
You can ask applicants about pets and consider the answer, as long as you apply your criteria consistently and follow the Human Rights Code. Service animals are protected under human rights law. Once the lease is signed, a “no pets” clause won’t hold.
Frequently asked questions
Can I put “no pets” in my lease in Ontario?
You can write it, but it’s void and can’t be enforced against the tenant.
Can I evict a tenant for having a pet?
Not just for having one. Only if the animal causes substantial interference, a serious allergic reaction, or is inherently dangerous.
Does a condo pet ban apply to my tenant?
The tenant may be required to follow condo rules that restrict certain pets.
Who pays for pet damage?
The tenant, for damage beyond normal wear and tear.
Can I charge a pet deposit?
No. Damage and pet deposits aren’t allowed in Ontario.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
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