Area of Law: Landlord and Tenant
Answer # 430
Does a tenant have the right to keep pets?Region: Ontario Answer # 430
Generally, tenants have the right to keep pets as long as they do not seriously disturb other tenants or cause damage to the premises. The Residential Tenancies Act specifically disallows any tenancy agreement from prohibiting the presence of animals. However, a landlord can refuse to rent to someone who has a pet.
When can a tenant be evicted for having a pet?
A tenant can be evicted for having a pet in their unit, only if:
- 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.
For more information about tenant rights, visit the Landlord and Tenant Board.
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For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts:
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