Are landlords allowed to say to to pets? Renting a home Ontario can be challenging as it is but when landlords include ‘no pets’ rules in their rental agreements, it’s an ongoing battle.
However, many renters don’t realize that these clauses are mostly unenforceable.
Ontario’s Residential Tenancies Act (RTA) offers protections to tenants with pets, ensuring that most of the time, your landlord can’t stop you from having a furry friend in your rental unit.
But here’s the problem: too many people don’t know about these laws. This lack of awareness can lead to heartbreaking situations where tenants feel they have to give up their pets just to secure a place to live.
In fact, across Canada, thousands of pets are surrendered to shelters each year because their owners are moving or can’t find pet-friendly housing. It’s a difficult situation that could often be avoided if more people knew their rights.
The actual rules for pets in Ontario that tenants need to know
Let’s clear up the confusion. The RTA is pretty clear on this: any clause in a lease that outright bans pets is usually not valid. If you’ve signed a lease with a ‘no pets’ clause, you’re still allowed to bring a pet into your home, whether you got that pet before or after signing.
Rees Nam, Director of Communications at The Federation of Metro Tenants’ Associations (FMTA), explains it simply.
“For standard rentals, tenants absolutely do not have to disclose that they have a pet. Once the lease is signed, it’s up to them if they want to inform their landlord about the pet.”
That being said, there are some exceptions to this rule. Landlords can enforce a ‘no pets’ clause if your pet is causing problems for other residents.
This might include situations where your pet is excessively noisy or aggressive or if another tenant has severe allergies that are impacted by your pet. These issues are more commonly enforceable in shared housing, where you’re renting a room and sharing common spaces with others.
Pet deposits and other fees
Another area where tenants often need clarification is the issue of pet deposits or extra fees. In Ontario, these kinds of deposits are flat-out illegal.
Nam points out, “Pet deposits, actually any deposits, are not allowed in Ontario. The only deposits you can make are paying your first and last month’s rent and maybe a key deposit.”
So, if a landlord is asking for a pet deposit or trying to charge extra rent for your pet, they’re stepping outside the law.
Nam explains that renters can opt to pay the deposit to secure the rental, but they’re entitled to that money back immediately after moving in, whether through an arrangement or by going through the Landlord Tenant Board (LTB) to recoup your charges from the landlord.
But what if your landlord finds out you have a pet and starts harassing you about it? According to Nam, “If a landlord is harassing a tenant about a pet, the tenant can pretty much ignore them or file a complaint with the LTB, who will investigate.”
This is a good reminder that tenants have resources, like the FMTA, available if they feel their rights are being violated.
Rules for pets in condos are different
It’s worth noting that renters with units in condos can have a bit of a different experience than standard rentals. If you’re renting a condo, your lease is subject to both the RTA and the condominium’s rules.
This means that while a landlord in a typical rental unit might not be able to enforce a no-pet policy, a condo corporation might have its own set of rules that you’ll need to follow, which could mean no pets at all or a ban on certain types of pets.
Can you be evicted because of a pet?
One question that often comes up is whether a tenant can be evicted over a pet. The answer is generally no, not without good reason. “A landlord can’t evict a tenant because of a pet just out of nowhere,” Nam says.
“It would go through the LTB, and that’s where a decision would be made.” Evictions related to pets typically only happen if the pet is causing significant issues, like damaging the property beyond minor repairs or posing a threat to other tenants or neighbours.
So, while landlords in Ontario may try to enforce ‘no pets’ clauses, the law is usually on the side of the tenant. Understanding your rights can save you a lot of stress and protect your beloved pet from being unfairly re-homed.
If you’re facing challenges with a landlord over a pet, don’t hesitate to reach out to the Landlord and Tenant Board or a tenants’ rights organization like FMTA for guidance.
