In Ontario, the Condominium Act legally overrides the Residential Tenancies Act (RTA). While the RTA voids standard “no pet” clauses in rental leases, a strict Condominium Declaration banning dogs is legally binding. The condo board can force your landlord to make you remove the dog or face eviction.
For pet owners in Ontario, finding a welcoming rental property is notoriously difficult. Tenants often rely on Section 14 of the Residential Tenancies Act (RTA), which famously states that any clause in a lease prohibiting pets is void. Many renters assume this blanket protection means their dog is safe anywhere they choose to live. However, a heartbreaking reality sets in when a tenant rents a unit in a high-rise condominium in downtown Toronto, Vaughan, or Markham, only to receive a legal warning that their dog must go.
There is a strict hierarchy of property law in Ontario. 📜 While your individual landlord (the owner of the specific unit) might have enthusiastically agreed to let your golden retriever move in, the landlord does not make the building rules. The Condominium Corporation’s Declaration and By-laws supersede the RTA. If the building has a registered “no dogs over 25 lbs” or a strict “no pets” rule, that rule applies to everyone-owners and tenants alike. In this guide, we will explain how condo pet rules are enforced and what exemptions may apply. If you are facing a pet-related eviction, consulting a local paralegal or lawyer from our directory can help you explore your human rights options.
Step-by-Step Process in Ontario: Dealing with a Condo Pet Eviction
When a condo board targets a tenant’s pet, the legal pressure is applied to the unit owner (your landlord), who is then legally forced to pass that pressure onto you. Here is how the process unfolds.
Step 1: The Warning Letter from Property Management
📩 The process usually begins with a formal letter from the condo’s property management to your landlord, with a copy given to you. This letter will cite the specific section of the Condominium Declaration that bans your dog. It typically gives you a short deadline-often 7 to 14 days-to permanently remove the animal from the premises before legal action is taken.
Step 2: The Landlord Issues an N5 Notice
Because the condo board is threatening the landlord with massive legal fines, the landlord has no choice but to act. They will serve you with an N5 Notice to Terminate your Tenancy for Interfering with Others, Damage or Overcrowding. In this context, breaching a lawful condo declaration is considered an interference with the lawful rights of the landlord. The N5 gives you 7 days to correct the behaviour (i.e., remove the dog).
Step 3: Exploring Medical or Human Rights Exemptions
Before packing your bags, evaluate if you qualify for a legal exemption. Under the Ontario Human Rights Code (OHRC), a condo board has a duty to accommodate residents with disabilities. 🤝 If your dog is a certified service animal, or if you have strong medical documentation from an Ontario physician proving the dog is an emotional support animal necessary for a mental health disability, the board generally cannot enforce the pet ban against you.
Step 4: Condominium Authority Tribunal (CAT) Proceedings
If you refuse to remove the dog and claim an exemption, the matter may escalate. In Ontario, pet disputes in condos are often handled by the Condominium Authority Tribunal (CAT). The condo corporation will file a case against your landlord, and you may be added as an intervener. CAT adjudicators will decide if the condo rule is valid and if your human rights claim holds up.
Step 5: The LTB Eviction Hearing
If the CAT rules in favour of the condo board, or if your landlord decides to enforce the N5 directly, they will apply to the Landlord and Tenant Board (LTB) for an eviction order. If the LTB adjudicator finds that you are in ongoing breach of a valid Condominium Declaration, they will legally order your eviction.
How Much Does it Cost in Ontario?
Fighting a condo board over a pet is extremely costly. Condominiums have vast legal budgets, and they will pass their costs down:
- Condo Chargebacks: If the condo board hires a lawyer to write a demand letter, they will charge that legal fee (often $500 to $1,500 CAD) back to your landlord’s unit, and the landlord may try to sue you to recover it.
- CAT Filing Fees: Filing or responding to a case at the Condominium Authority Tribunal typically costs between $25 and $200 CAD.
- Legal Representation: Hiring a tenant lawyer or paralegal to defend your human rights claim at the LTB or CAT will range from $300 to $700+ CAD per hour, or a block fee of several thousand dollars.
| Standard Lease “No Pet” Clause | Void under the RTA. | Landlord cannot enforce it. |
| Condominium Declaration Ban | Overrides the RTA. | Strictly enforceable by the board. |
| Human Rights (Service Dog) | Overrides Condo Act. | Exempt from all pet bans. |
How Long Does the Process Take?
⌖ The initial N5 notice gives you a strict 7 days to remove the pet to void the notice. If you choose to stay and fight the case, waiting for a hearing at the CAT or the LTB can take anywhere from 3 to 6 months. During this time, the tension with property management will likely be very high.
Frequently Asked Questions (FAQ)
My landlord said dogs were fine. Can I sue my landlord?
Potentially. If the landlord deliberately lied or was negligent in informing you about the condo rules before you signed the lease, you can file a claim at the LTB for financial compensation (moving costs, higher rent elsewhere) because they breached the lease agreement.
What if other people in the condo have dogs?
Often, condo boards pass a “grandfathering” rule. This means dogs that lived in the building before a new ban was passed are allowed to stay until they pass away, but no new dogs are allowed. This is why you might see dogs despite a strict ban.
Can the condo security guards physically remove my dog?
No. Condo security and property managers do not have the legal authority to enter your unit and seize your animal. They must follow the proper legal channels through the CAT or the LTB to force you to remove the pet.
Do online emotional support certificates work in Ontario?
Generally, no. Condo boards and the LTB rarely accept cheap, online “certificates.” You need a detailed letter from a registered Ontario medical professional (like a doctor or psychologist) actively treating your disability to qualify for a human rights exemption.
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