Is It Legal For a Landlords to Say No Pets?

Generally, a Tenant Is Allowed to Have Pets. If An Apartment Is Governed By the Registered Tenancies Act, 2006, Then a Tenant Is Permitted to Have Pets Subject to Very Few Exceptions. Also, Do Note That a Landlord Is Allowed to Ask About Pets.

Notice to Evict for renovations document

It is somewhat common that a lease will contain a 'no pets' clause; however, as per section 14 of the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17 (the "RTA"), any such provision within a lease agreement is void despite the agreement established between the landlord and tenant; and accordingly, such a clause is unenforceable.  Specifically, the RTA states:

“No pet” Provisions Void

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 s. 14 of the RTA 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 s. 76 of the RTA 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.

As per the above exception rules, a pet may be banned if the pet is demonstrated as causing damage to property or causing disruption and interference to others living within the residential complex.  Furthermore, where a law, such as a municipal bylaw, or other legal mandate explicitly permits the banning of pets, or where the tenancy is within a condominium corporation that restricts pet ownership as stated within the Condominium Declarations a landlord may be able to ban a pet.

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.

CMS Legal Services provides Landlord Tenant Board services for clients located in London, Oxford, St. Thomas, Elgin, Huron, among other places!

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