Can a Tenant Be Evicted For Having a Pet?

Despite Contrary Terms Within a Lease, Tenants Are Allowed to Possess Pets Within a Residential Premise. The Exceptions Are Where the Pet Poses a Safety Risk or Unreasonably Interferes With Others. A Landlord is Permitted to Inquire About Pets.

A Helpful Guide For How to Determine and Understand Whether a Pet Ban Is Legal and Enforceable

Residential Lease Agreement

A lease clause purporting as a pet ban is unlawful and nullified for being contrary to section 14 of the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17, which explicitly states that a pet ban is void. Accordingly, and despite that a tenant may have signed a lease containing such a clause, a 'pet ban' is generally unlawful and unenforceable. Specifically, the Residential Tenancies Act, 2006 states:

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 section 14 of the Residential Tenancies Act, 2006, forbidden from banning a tenant from having pets, section 76 of the Residential Tenancies Act, 2006 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.

(2) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference.

(3) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction.

Per these exceptions, where it may be shown that a pet is damaging property, genuinely posing a safety risk, unreasonably disrupting or interfering with the peaceful living of others, a pet may be banned. It is also possible that a municipal bylaw, or mandate of another applicable level of government, will restrict rights regarding pets or perhaps pets of a certain breed. Furthermore, if a tenant resides in a unit that is part of a condominium corporation, and the condominium corporation bylaws or proper and formal rules ban pet ownership as prescribed within the applicable Condominium Declarations a pet ban may be valid.

Summary Comment

Generally, where a tenancy is governed by the Residential Tenancies Act, 2006 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.


United Legal Services provides affordable services for clients located in Markham, Oakville, London, Peterborough, Ottawa, among other places.

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this web form.  Use this web form only to make an introduction.

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

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 United Legal Services representative.
Privacy Policy & Cookies | Terms of Use Your IP Address has been logged as: 3.85.80.239
United Legal Services

3621 Highway 7 East, Suite 308
Markham, Ontario,
L3R 0G6

P: (647) 956-9258
E: gmaz@unitedlegal.ca

Hours of Business:

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.














Sign Up