Can a Landlord Say “No Pets” to Tenants in Ontario?
When searching for a place to rent, it is common to see landlords state, “NO PETS ALLOWED” in their rent/lease provisions. Most pet owners see rules like these and accept them, continuing their search for a place that does allow pets. But can landlords really say no pets to potential tenants? The truth is landlords are not allowed to declare or enforce such a rule!
Section 14 of The Residential Tenancies Act (“RTA”) explicitly states:
“A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.”
(Residential Tenancies Act, 2006, SO 2006, c 17, <http://canlii.ca/t/54r12>)
This means that any tenancy agreement provided to you that prohibits animals in your living space, is void. In other words, a landlord cannot refuse your pets in Ontario. Keep in mind however, you are not protected under this rule until you have signed an agreement with the landlord. Therefore, a prospective landlord can deny tenancy to you because you own a pet and simply mask it as their preference.
This law is current as of 2021. Even if you sign an agreement with your landlord stating “no pets”, this clause is still void because it would be going against section 14 of the RTA. Now, you may be wondering why landlords are still putting these types of pet restrictions in their advertisements and agreements. Some landlords truly may not know that a “no pet” provision is void but keep in mind, there are many landlords that are aware and still advertise as such. Landlords may have you sign a no pets clause in the agreement, which would also still be void.
Like with many other laws, there are exceptions to this provision. For one, condominium by-laws may exclusively prohibit pets. If you do plan on renting a condo, be sure to review the agreement because unfortunately, your pet may not be allowed. Once you are actually living in your rented space, a landlord is also able to request the removal of your pet if it is:
Causing a severe allergic reaction (i.e. the landlord is allergic)
Causing damage to the unit; or
Making an unreasonable amount of noise
Although the RTA is in place, there are also municipal by-laws that must be adhered to. It is best to review your city’s by-laws as well because they may have specific laws regarding owning animals. For example, in London, Ontario, the Animal Control By-law states that a tenant cannot have more than 5 cats in one home/apartment unit if there are no dogs.
If you ever do find yourself being denied a place to rent or being evicted due to having a pet (and the reason is not one of the exceptions), you can bring your case to Ontario’s Landlord and Tenant Board. The Landlord and Tenant Board is an adjudicative tribunal that hears disputes between landlords and tenants before providing dispute resolution. Unfortunately, many tenants are taken advantage of because they are not aware of the law or their rights. Always remember to stay informed and seek professional legal advice when needed.
Happy apartment/house/condo hunting!
