Under Ontario’s Residential Tenancies Act (RTA), a “no pets” clause in your lease is generally void and unenforceable. However, landlords can legally refuse to rent to you initially because you have a pet, and strict exceptions exist if you live in a Condominium with specific board rules.
Finding a beautiful rental unit in Ontario is hard enough, but searching for one when you have a furry friend can feel nearly impossible. Countless rental listings in Toronto, Ottawa, and Mississauga loudly declare “No Pets Allowed.” 📝
Many tenants mistakenly believe that if they sign a lease containing a no-pet clause, they are legally bound by it. In reality, Ontario offers some of the strongest tenant protections in Canada regarding animal companionship.
This guide will explain exactly when a landlord’s “no pets” rule is void, the critical difference between applying for a unit and living in one, and the specific legal exceptions that could actually lead to your eviction. We will also cover when you might need to consult a local law firm to protect your right to keep your pet.
Step-by-Step Process in Ontario
Understanding your rights under the Residential Tenancies Act (RTA) requires knowing how the law applies at different stages of your tenancy. The rules change dramatically the moment you receive your keys. 📍
If a landlord threatens to evict you simply for adopting a dog or cat, it is vital to stay calm and follow the proper legal procedures rather than immediately moving out.
Step 1: The Application Phase (Before Signing)
It is crucial to understand that the RTA does not protect you *before* you become a tenant. Landlords are legally allowed to deny your rental application if they discover you have a pet. ❗
Many tenants choose not to disclose their pets during the application process. While landlords dislike this behaviour, simply lying about having a pet on a rental application is not a valid legal ground for eviction once you have moved in.
Step 2: Moving In and the “Void” Clause
Once you sign the standard Ontario lease and take possession of the unit, Section 14 of the RTA kicks in. This section explicitly states that any provision in a tenancy agreement prohibiting the presence of animals is void.
This means even if you signed a contract promising not to bring a dog into the apartment, the Landlord and Tenant Board (LTB) will treat that specific clause as if it does not exist. Your landlord cannot evict you simply because the pet is there.
Step 3: Recognize the Condominium Exception
The most important exception to this rule involves condominiums. If you rent a unit inside a registered Condo building, the Condominium Act overrides the RTA. 🏬
If the condominium corporation’s official declaration states that dogs over 25 pounds are banned, or that no pets are allowed at all, you must obey this rule. If your pet violates the condo bylaws, the condo board can force your landlord to evict you, and the LTB will uphold it.
Step 4: Deal with Legitimate Complaints (N5 Notice)
While having a pet is legal, your pet’s bad behaviour is not protected. If your dog barks constantly and disturbs the neighbours, or if your cat ruins the hardwood floors, the landlord can serve you an N5 Notice.
An N5 is a notice to end your tenancy for interfering with others or causing damage. You typically have 7 days to correct the behaviour (e.g., pay for the damage, stop the barking). If you fix the issue, the notice is voided. If not, the landlord can apply to the LTB for an eviction hearing.
How Much Does it Cost in Ontario?
Many landlords attempt to financially discourage pets by demanding extra money upfront. It is highly important to know which fees are legal and which are strictly prohibited in Ontario. 💰
Here is a breakdown of costs associated with renting with pets:
| Type of Fee / Cost | Estimated Cost (CAD) | Is it Legal? |
|---|---|---|
| Pet Damage Deposit | $200 – $1,000+ | No (Completely illegal in Ontario) |
| Extra Monthly “Pet Rent” | $50 – $100 / month | No (Illegal under the RTA) |
| Key Deposit | $20 – $50 (replacement cost) | Yes (Allowed if fully refundable) |
| Lawyer / Paralegal (LTB Defence) | $500 – $2,500+ flat fee | Yes (Tenant pays out of pocket) |
If your landlord illegally forces you to pay a pet deposit, you can file a T1 Application with the LTB to force them to return your money.
How Long Does the Process Take?
If a landlord attempts to evict you because your pet is causing severe allergies to another tenant or causing damage, they cannot throw you out overnight. ⏱
The landlord must first serve you a formal N5 Notice, which usually gives you 7 days to correct the problem. If the problem continues, the landlord must file an L2 application with the LTB.
Due to current LTB backlogs, waiting for an eviction hearing for an N5 application typically takes 6 to 9 months. You are legally allowed to remain in your home with your pet during this entire waiting period.
Frequently Asked Questions (FAQ)
Can I be evicted if the landlord is allergic to my pet?
It is possible. If you share a ventilation system with a landlord or another tenant who has a medically documented, severe allergy to your specific type of pet, the LTB may rule that your pet is substantially interfering with their reasonable enjoyment and order an eviction.
Does the RTA apply if I share a kitchen with my landlord?
No. If you share a kitchen or bathroom with the property owner or their immediate family members, you are considered a roommate or boarder, not a tenant. The RTA does not apply to you, and the landlord can legally kick you out for having a pet.
Can the landlord demand I get my pet declawed?
Absolutely not. Forcing a tenant to declaw a cat or debark a dog as a condition of living in a rental unit is illegal and unenforceable in Ontario. Furthermore, declawing is increasingly being banned by veterinary colleges across the province due to animal cruelty concerns.
What if my pet bites someone on the property?
If your pet is inherently dangerous or attacks another tenant or the landlord, this is a serious breach of safety. The landlord can serve you an N7 notice (which does not have a void period) and file for an expedited eviction hearing at the LTB.
Do I need a law firm if I get an N5 notice for my pet?
If you disagree with the landlord’s claims (for example, they say your dog barks all day, but you have proof it does not), consulting a paralegal or law firm is a smart move. They can help you organize evidence and defend your tenancy at the LTB hearing.
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