While Section 14 of the RTA makes “no pet” clauses void in standard Ontario apartments, condominiums are different. A Condo Corporation’s Declaration prohibiting pets legally overrides the RTA. Landlords renting out their condos must enforce these rules, though existing pets may sometimes be grandfathered in by the board.
Canadians love their pets, and finding a rental property that welcomes a Golden Retriever or a vocal Siamese cat can be incredibly difficult 🐕. Most Ontario renters proudly quote Section 14 of the Residential Tenancies Act (RTA), which clearly states that any provision in a tenancy agreement prohibiting animals is void. In a standard purpose-built apartment building in Toronto or London, a landlord cannot evict you simply for adopting a dog. However, if you are renting a privately owned unit inside a Condominium building, the rules change drastically.
The Ontario Condominium Act possesses legal superiority over the RTA in specific areas, including the governance of common elements and building declarations. If a Condo Board has legally passed a Declaration stating that the building is 100% pet-free, or restricting dogs over 30 pounds, that rule applies to everyone-including tenants. If a landlord ignores the condo rules and rents to a tenant with a prohibited pet, the Condo Board can legally force the eviction of the tenant. We will explain how pet prohibitions work in condos and how “grandfathering” clauses protect certain animals .
Step-by-Step Process for Enforcing Condo Pet Rules
Whether you are a condo investor renting out your unit or a tenant moving in, you must navigate the intersection of the RTA and the Condominium Act carefully.
Step 1: Review the Condominium Declaration
A “no pet” rule in a condo is only ironclad if it is written into the Condominium Declaration, not just a casually passed bylaw or a building rule 🗃. The Declaration is the foundational legal document of the building. Before signing a lease, landlords must read their specific condo documents. If the Declaration explicitly bans pets, the landlord must inform the prospective tenant immediately.
Step 2: Attach the Rules to the Standard Lease
When renting out a condo, landlords must use the Ontario Standard Lease form. Within this form, the landlord must check the box indicating that the unit is a condominium. Furthermore, the landlord is legally required to provide the tenant with a copy of the condo’s Declaration, bylaws, and rules. By signing the lease, the tenant legally agrees to abide by the Condo Act restrictions, effectively overriding their usual RTA pet protections .
Step 3: Understand Grandfathering Clauses
Sometimes, a condo building that previously allowed pets will vote to amend its Declaration to ban them. When this happens, the board usually includes a “grandfather clause.” This means that any tenant or owner currently living in the building with a registered pet is allowed to keep that specific animal until it passes away. However, once that specific pet dies, the tenant cannot get a new one. To be grandfathered, the landlord and tenant usually must submit photos and vet records to the property management office.
Step 4: Serving Notices for Non-Compliance
If a tenant sneaks a banned pet into the condo, the Condo Board will aggressively fine the landlord. The landlord must then serve the tenant with an N5 Notice (Interfering with others, damage or overcrowding). The notice will state that the tenant is breaching the lawful condo declarations. If the tenant does not remove the pet within 7 days, the landlord can file an L2 application at the LTB to terminate the tenancy .
How Much Does it Cost in Ontario?
Battling a Condo Board over a prohibited pet is one of the most expensive mistakes an investor or tenant can make 💵.
| Action / Penalty | Estimated Cost (CAD) |
|---|---|
| Condo Legal Chargebacks | The board can charge the landlord $1,000 – $5,000+ in legal fees to enforce the ban. |
| Serving an N5 Notice | $0 (Free to issue to the tenant). |
| LTB L2 Eviction Filing | $201 (Paid by the landlord to initiate the eviction). |
| Superior Court Compliance Order | $10,000+ (If the condo takes the landlord and tenant directly to court). |
Many landlords will attempt to pass the massive condo chargebacks directly to the tenant who violated the lease. If you are a tenant, hiding a dog in a strict pet-free condo is not worth the risk of being sued for the building’s legal fees.
How Long Does the Process Take?
Condo boards move swiftly when their Declarations are breached. They will typically issue a warning letter to the unit owner within 48 hours of spotting an illegal pet. The landlord must then give the tenant a 7-day N5 notice to remove the animal. If the dispute escalates and the condo board bypasses the LTB to file a compliance order in the Superior Court of Justice, a judge can order the immediate removal of the pet or the tenant within 30 to 60 days .
Frequently Asked Questions (FAQ)
Does Section 14 of the RTA apply to condos at all?
If the condo building’s Declaration does NOT ban pets, then Section 14 of the RTA fully applies. A landlord cannot arbitrarily write “no pets” in a condo lease if the condo board itself allows them. The ban must come from the condominium’s governing documents.
Can a condo ban specific dog breeds or sizes?
Yes. Many Ontario condos have declarations that restrict pets based on weight (e.g., no dogs over 25 lbs) or breed. If your dog exceeds the strict weight limit, the condo board can force the landlord to evict you or remove the dog.
What about service animals and guide dogs?
Under the Ontario Human Rights Code, registered service animals and emotional support animals (with proper, verified medical documentation from an Ontario physician) are generally exempt from condo pet bans. The condo has a legal duty to accommodate disabilities.
Can visitors bring their pets into a pet-free condo?
No. If the condo Declaration bans pets, it applies to residents and guests alike. If your family visits with their dog, building security can demand the animal be removed from the premises immediately.
How do I prove my pet is grandfathered?
When a condo changes its rules, they will require all existing owners and tenants to officially register their pets within a specific timeframe. You will receive a grandfathering certificate. If you fail to register your pet during this window, you may lose the protection.
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