Pet Clauses in Ontario: Why 'No Pets' Usually Doesn't Hold

This article is general information, not legal advice. Verify against the Residential Tenancies Act and the Landlord and Tenant Board's guidance, or consult qualified counsel.

Here is a rule that surprises landlords and reassures tenants: in Ontario, a "no pets" clause in a lease is void. Even if it is written into the agreement and the tenant signed it, it has no effect. But this is widely misunderstood in both directions, so let us be precise about what it does and does not mean.

The rule: no-pet clauses are void

Under the Residential Tenancies Act, a provision in a tenancy agreement that prohibits pets is not enforceable. A landlord cannot rely on a signed "no pets" clause to make a tenant get rid of an animal, and cannot evict on the basis of the clause alone. As far as the lease is concerned, that line does nothing.

What it does not mean: pets are not unconditional

This is the half tenants sometimes miss. "No-pet clauses are void" does not mean anything goes. A landlord can still apply to the Landlord and Tenant Board to end a tenancy over a pet if the animal:

• Causes damage to the unit or building,
• Causes an allergic reaction in the landlord or other tenants,
• Is dangerous, or
• Substantially interferes with others' reasonable enjoyment (for example, constant noise).

So the pet itself is fine; a pet that causes real, provable problems is still grounds for action through the proper process. Responsibility for the animal's behaviour and any damage stays with the tenant.

The two real exceptions

There are two situations where a pet restriction can genuinely apply:

• Condominiums. A condo corporation's declaration and rules can prohibit or restrict pets, and those rules bind a tenant living in the condo. The lease's void-clause rule does not override the condo's own rules, so in a pet-restricted condo, the restriction is real.
• The application stage. The void rule applies to the tenancy agreement once someone is a tenant. It does not force a landlord to select a pet owner in the first place, since pet ownership is not a protected ground. In practice, a landlord can decline an applicant with a pet, but cannot enforce a no-pet term against an existing tenant.

And one thing a pet ban can never touch: service animals

A no-pet policy cannot be applied to a service or guide animal. Refusing to accommodate a disability-related service animal is discrimination under human-rights law, full stop. A service animal is not a "pet" for these purposes.

What this means in practice

For landlords: since a no-pet clause is unenforceable, do not rely on one. Screen for responsible pet owners the same way you screen for everything else (references about the pet, how previous rentals went), address genuine problems (damage, danger, disturbance) through the LTB rather than the clause, and remember the condo and service-animal rules. Our guide to writing a listing touches on stating pet expectations honestly.

For tenants: a "no pets" clause in your Ontario lease is not enforceable, but you are still fully responsible for any damage your pet causes and for making sure it does not disturb others. And if you rent in a condo, the condo's own rules can still restrict pets, so check them.

Frequently asked questions

Is a "no pets" clause enforceable in Ontario? No. It is void under the Residential Tenancies Act, even if the tenant signed it. A landlord cannot use it to force a tenant to remove a pet.

Can a landlord ever evict over a pet? Yes, through the LTB, if the pet causes damage, provokes allergic reactions, is dangerous, or substantially interferes with others. The pet's behaviour, not the clause, is the basis.

Can a landlord refuse to rent to someone with a pet? Generally yes at the application stage, since pet ownership is not a protected ground. The void rule applies to the lease of an existing tenant, not to who a landlord chooses to rent to.

Do these rules apply in a condo? The condo's own declaration and rules can restrict pets and bind a tenant, so a pet ban in a condo can be enforceable even though a plain lease clause would not be.

---

Pet rules are one more place where knowing what actually applies saves everyone grief. Habyn helps landlords screen consistently and keep tenancy records straight. See how Habyn helps landlords.