Can I Have A Pet In My Apartment?

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.

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

Residential Lease Agreement

A clause within a lease that disallows pets is unlawful and void for being contrary to section 14 of the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17, which forbids a landlord from banning a tenant from owning a pet; and accordingly, even if the tenant previously agreed to the term within a lease, a 'no pets' clause is null and void and unenforceable. The Residential Tenancies Act, 2006 specifically states:

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

Exceptions

Despite the rule per section 14 of the Residential Tenancies Act, 2006 that voids a pet ban, there are exceptions to the rule. The exceptions that would allow a ban upon a pet can be found in section 76 of the Residential Tenancies Act, 2006 which says:

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

A clause within a lease stating that a residential tenancy shall be without pets is void; however, there are exceptions whereas if the pet presents as a safety hazard or is substantially interfering in the reasonable enjoyment of others living within the residential complex, a landlord may apply to the Landlord Tenant Board for an Order that would, essentially, set aside the 'no pets' restriction and thereby ban a pet.


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