Many renters in Ontario have beloved furry friends as part of their family. Yet, rental ads commonly restrict pets at the outset. From a landlord’s perspective, it’s easier to ban pets at the start of a lease – but is that legal? What if a renter gets a pet after they’ve moved into the unit? Can a landlord evict the tenant on that basis? ACTO has put together this post to help you understand what the law says around pets and rentals in Ontario.
Please note: this information applies only to renters living in units that are governed by the Residential Tenancies Act (RTA). Renters who live in subsidized, rent-geared-to-income units, shelters, community housing, or condos may be subject to different rules. If you have a specific question about your situation, it’s always best to get legal advice. You can find your list of community legal clinics here.
Landlords cannot prohibit pets in a rental unit.
Landlords cannot ban a renter from having pets live in their unit. However, that legal right is not absolute. Under certain circumstances, a landlord could evict a tenant for having a pet. This happens in situations where a pet results in substantial interference with the reasonable enjoyment of others or the legal rights of a tenant or landlord. It also applies if the pet or renter causes wilful or undue damage or commits an illegal act. For example, if you have a large dog that breaks a door, that could be grounds for eviction. Other types of substantial interference grounds include allergies, excessive noise, or smells related to the pet.
Are there other laws around pets renters should know?
Yes. Even if the RTA doesn’t prohibit pets, renters are still subject to applicable municipal by-laws. Municipal by-laws may restrict the type of pet or number of pets allowed in any unit. If a bylaw breach results in a penalty to your landlord, they may file an application at the Landlord and Tenant Board to evict you and/or get you to pay for any fine they have incurred.
Can a landlord evict you if you sign a lease that says no pets and then get a pet?
No, the landlord cannot evict you for getting a pet even if you have signed a lease that prohibits pets. The RTA does not prohibit pets, and a condition in the lease saying no pets contradicts the law. The RTA takes precedent over additional conditions added by a landlord in a lease.
Do I have to pay more in rent for having a pet?
A landlord should not charge a tenant extra for having a pet live in the rental unit.
Do I have to pay an extra damage deposit if I have a pet?
Landlords who allow pets from the outset might request damage deposits from the renter. However, damage deposits are illegal in Ontario, and a tenant can refuse to pay them.