Many people consider their pets to be members of their family, so finding a pet-friendly rental is a top priority. If you’re a renter in Ontario with a furry, scaly, or feathered companion, you might have encountered rental listings with the dreaded “no pets” policy. But in Ontario, how much say does a landlord actually have when it comes to pets? This article will clarify the laws around pets and rentals in Ontario, ensuring you understand your rights and responsibilities as a tenant.
Ontario Law: Landlords Generally Can’t Prohibit Pets
The good news for pet lovers in Ontario is that landlords generally cannot outright ban pets in their rental units. The Residential Tenancies Act (RTA), which governs most residential tenancies in Ontario, does not give landlords the power to simply say “no pets.” This means a landlord cannot refuse to rent to you solely because you have a pet, nor can they add a clause to your lease agreement that prohibits pets.
However, this right isn’t absolute. There are specific circumstances under which a landlord can take action regarding a tenant’s pet. These situations are typically related to the pet causing significant problems.
When Can a Landlord Take Action Regarding Pets?
While landlords can’t implement a blanket “no pets” policy, they can take steps if a pet is causing issues that substantially interfere with the reasonable enjoyment of the rental property by other tenants or the landlord, or if the pet causes damage. According to the RTA, a landlord can apply to the Landlord and Tenant Board (LTB) to evict a tenant if a pet:
- Substantially Interferes with Others: This could involve situations where a pet creates excessive noise, strong odors, or provokes allergic reactions in other tenants to the point of disrupting their comfortable living environment. “Substantial interference” implies more than minor annoyances; it needs to be a significant disturbance.
- Causes Undue Damage: If a pet damages the rental unit beyond normal wear and tear, this can be grounds for action. For instance, if a large dog scratches doors, damages flooring, or destroys property, the landlord may have grounds to pursue eviction or seek compensation for damages. It’s important to note that the damage must be considered “undue,” meaning excessive and preventable.
- Illegal Acts: If a pet is involved in illegal activities, this could also lead to intervention by the landlord. This is a less common scenario but could be relevant in extreme cases.
It’s crucial to understand that the burden of proof lies with the landlord. They must demonstrate to the LTB that the pet’s behavior or the tenant’s actions regarding the pet meet the legal threshold for intervention.
Municipal Bylaws and Pet Restrictions
Even though the RTA protects a tenant’s right to have pets in general, renters must also be aware of municipal bylaws. Municipalities in Ontario can have bylaws that regulate pet ownership, which might include:
- Number of Pets: Bylaws can limit the number of pets allowed per household, regardless of the type of housing.
- Types of Pets: Some bylaws might restrict certain types of animals, often related to exotic or prohibited species.
- Animal Control: Bylaws often cover leash laws, noise regulations, and other aspects of responsible pet ownership.
If a tenant violates a municipal bylaw related to their pet, and this results in fines or penalties for the landlord, the landlord can then seek to recover these costs from the tenant. In serious cases of bylaw violations, it could also potentially be used as grounds for eviction if the situation constitutes substantial interference or undue damage as described under the RTA.
“No Pets” Clauses in Lease Agreements: Legally Meaningless
It’s not uncommon to see “no pets” clauses in rental agreements. However, in Ontario, these clauses are generally unenforceable. The RTA takes precedence over any additional conditions included in a lease that contradict the Act. Therefore, even if you signed a lease agreement stating “no pets,” your landlord cannot evict you solely for having a pet. The existence of such a clause does not negate your rights under the RTA.
Can Landlords Charge Extra Rent or Pet Deposits?
Landlords in Ontario cannot legally charge extra rent simply because a tenant has a pet. Rent is based on the rental unit itself, not on whether a tenant owns a pet.
Similarly, damage deposits are illegal in Ontario. A landlord cannot demand a separate “pet deposit” or any form of security deposit beyond the standard rent deposit (which is also legally limited). Any request for an extra deposit for pets is in violation of the RTA, and tenants are within their rights to refuse such requests.
Key Takeaways for Renters with Pets in Ontario:
- “No Pets” Policies are Generally Not Enforceable: Landlords cannot broadly prohibit pets in Ontario under the RTA.
- Exceptions Based on Pet Behavior: Landlords can take action if a pet causes substantial interference or undue damage.
- Municipal Bylaws Matter: Renters must comply with local pet bylaws, which can impose restrictions.
- Lease Clauses Prohibiting Pets are Invalid: These clauses contradict the RTA and are not legally binding.
- No Extra Rent or Pet Deposits: Landlords cannot charge extra for pets or demand pet-specific deposits.
Understanding your rights and responsibilities as a pet-owning renter in Ontario is essential for a harmonious tenancy. While your landlord can’t arbitrarily say “no pets,” responsible pet ownership and consideration for your neighbors and property are key to ensuring a positive rental experience for everyone. If you encounter issues related to pets and your tenancy, seeking legal advice from a community legal clinic is always recommended to understand your specific situation and options.
