Area of Law: Landlord and Tenant
Answer # 430
Does a tenant have the right to keep pets?
Region: Ontario Answer # 430Generally, tenants have the right to keep pets as long as they do not seriously disturb other tenants or cause damage to the premises. A landlord cannot evict a tenant just because they have a pet or decided to get one after signing their lease even if that lease prohibits pets. The Residential Tenancies Act makes any “no pets” clause written into a residential lease agreement completely void and legally unenforceable once the tenant moves in.
However, landlords can legally refuse your rental application during the screening process and before you sign a lease if they find out you have a pet, unless it is a protected service or support animal.
If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.
When can a tenant be evicted for having a pet?
Under certain circumstances, a landlord could evict a tenant for having a pet:
- the behaviour of the animal has substantially interfered with the reasonable enjoyment of the premises by other tenants or the landlord,
- the presence of the animal has caused another tenant or the landlord to suffer a serious allergic reaction,
- or the animal or species is considered to be inherently dangerous to the safety of the other tenants or the landlord.
Under the Act, if a landlord wants to evict a tenant because of the disturbance or damage caused by the pet, they will have to first give the tenant the opportunity to stop their pet from disturbing others or causing damage. If the tenant does not solve the problem, the landlord can apply to the Landlord and Tenant Board to have the tenancy terminated.
Although a tenant may have the right to keep a pet, if the pet violates a noise or health by-law, and the landlord or another tenant informs the municipality, a tenant may be investigated and fined.
What if you live in a condominium?
If the rental unit is a condominium, a condo corporation’s registered declaration or bylaws may restrict the size and number of pets the tenant can have, or may ban pets entirely. If a condo has a valid pre-existing pet ban, that rule can override the RTA and be enforced against tenants.
For more information about tenant rights, visit the Landlord and Tenant Board.
Help for tenants
A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.
If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-250-410-3963 .
If you are a tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:
- improving your credit score score on average 33pts to 84pts
- Build good credit faster with a new rent tradeline
- Unlock credit rewards (better bank loans, credit cards, mortgage rates)
Help for landlords
For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .
If you are a landlord, you can pull tenant credit reports and report monthly rent payments to the credit bureaus using FrontLobby. This helps you:
- Attract, screen and reward great tenants
- improve monthly cash flow on-time, every month
- Recover debts from unpaid rent
Get legal help
If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.
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