Pet Disputes in Rental Housing: Understanding Your Rights When Landlords Object

For many Ontarians, pets are cherished family members that provide companionship, emotional support, and joy. But when it comes to rental housing, pets can become a source of conflict between landlords and tenants. Whether you're a pet owner searching for accommodating housing or a landlord concerned about property damage, understanding the legal framework governing pets in rental units is essential.

The "No Pet" Provision Myth

Perhaps the most important fact for Ontario tenants to understand is that "no pet" clauses in residential leases are generally void and unenforceable. Section 14 of the Residential Tenancies Act (RTA) explicitly states:

"A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void."

This means that even if you signed a lease with a "no pets allowed" clause, that specific provision cannot be enforced. In Williams-McDaniel-Property-Management-v-Ross-20230303, the Landlord and Tenant Board (LTB) refused to issue an order requiring a tenant to remove their dog, stating: "I was not prepared to issue such an order as I found ordering the Tenant to rid herself of a pet would be contrary to section 14 of the Residential Tenancies Act, 2006 as it would prohibit the presence of an animal."

Similarly, in KF-v-BS-20170508, the LTB noted that "The Landlord's prohibition on pets is void," though in that case the tenant had already surrendered their cat voluntarily.

Exceptions to the Rule

While the general rule protects pet owners, there are important exceptions:

1. Condominium Rules: If the rental unit is in a condominium, and the condominium corporation's declaration, by-laws, or rules restrict pets, these restrictions may be enforceable. The tenant must comply with these rules even if the RTA's Section 14 would otherwise void a "no pets" clause in the lease.

2. Allergies and Medical Issues: Under Section 76 of the RTA, a landlord can apply to evict a tenant whose pet causes the landlord or another tenant to suffer a serious allergic reaction. In soni-v-woods-20241001, the Board ordered a conditional outcome where the tenant could remain if they removed their dog due to the landlord suffering allergic reactions.

3. Dangerous Animals: Pets that are inherently dangerous or prohibited by municipal by-laws can be grounds for eviction.

4. Substantial Interference: If a pet causes substantial interference with other tenants' reasonable enjoyment, this can be grounds for eviction.

When Pets Become a Problem: Barking and Noise Issues

While pet ownership is protected, tenants remain responsible for their pets' behavior. Excessive noise—particularly dog barking—is one of the most common pet-related disputes that reaches the LTB.

In PC-v-SL-and-ML-20150611, the Board affirmed that "The Residential Tenancies Act permits tenants to have pets, but the Tenants are responsible for any issues relating to the presence of their dogs, including noise disturbances." In this case, the tenants' failure to acknowledge or address their dogs' excessive barking led to eviction.

However, not all barking constitutes "substantial interference." In TN-v-KLH-20160420, the Board dismissed a tenant's complaint about a neighboring dog's barking, noting that "The Tenant's expectation that the dog should not be allowed to bark at all is unreasonable."

The key factors the LTB typically considers in barking cases include:

1. Frequency and Duration: Is the barking constant or occasional? In EAL-62142-16-20170130, the Board found that while the dog did bark, the evidence did not support claims that it "barked excessively for prolonged periods."

2. Time of Day: Nighttime disturbances are treated more seriously. In C2LP-v-VT-20150119, "intermittent barking during the night" was found to constitute substantial interference, particularly with neighbors' "right to uninterrupted sleep."

3. Impact on Neighbors: Are multiple residents complaining, or just one? How severe is the disturbance?

4. Tenant's Response: Has the tenant made genuine efforts to address the issue?

Other Common Pet-Related Issues

Beyond noise, several other pet-related issues frequently arise in LTB cases:

1. Pet Waste and Hygiene

Failure to clean up after pets can constitute substantial interference. In AB-v-JH-CM-20171110, the combination of constant dog barking and not cleaning up dog feces justified eviction. Similarly, in Q-Res-VI-Duplex-LP-Inc-v-Morning-20220713, allowing a dog to defecate on the balcony was part of the grounds for termination.

2. Pet Deposits and Extra Fees

Landlords cannot legally charge "pet deposits" or additional fees specifically for pets. In flaherty-v-beecroft-20250203, the LTB ordered a landlord to return a $1,200 pet damage deposit, confirming that such charges violate Section 134 of the RTA.

While landlords may increase the standard damage deposit (up to one month's rent) for all tenants, they cannot charge additional deposits specifically targeting pet owners.

3. Excessive Number of Pets

While having pets is protected, keeping an excessive number of animals can sometimes justify eviction, particularly if it creates health or safety concerns. In Numbered-Company-v-BO-and-PO-20160513, tenants harboring 35-40 unvaccinated cats were evicted as this "seriously impaired the safety of persons in the residential complex."

Similarly, in TM-v-PG-and-AE-20150825, tenants with 8 cats and odor problems were granted relief from eviction only after reducing their pet ownership and professionally cleaning the unit.

4. Animal Cruelty

Acts of animal cruelty can be grounds for immediate eviction. In the disturbing cases of TCHC-v-AF-20170526 and TCHC-v-EM-20170831, tenants who threw pets off balconies were evicted due to these illegal acts that presented "an unsafe environment for other tenants and pets."

Balancing Rights: A Two-Way Street

The legal framework around pets in rental housing attempts to balance:

1. Tenants' Rights: To keep pets in their homes and enjoy the emotional and psychological benefits of animal companionship

2. Landlords' Rights: To protect their property from damage and ensure the reasonable enjoyment of all tenants

3. Community Rights: To maintain safe, clean, and peaceful living environments for all residents

Best Practices for Tenants with Pets

To maintain harmonious relationships and avoid LTB disputes:

1. Be Honest About Your Pets: While you can't be rejected solely for having pets, being upfront about your animals shows good faith.

2. Address Issues Promptly: If neighbors complain about your pet's behavior, take immediate steps to resolve the problem.

3. Consider Proper Training: For dogs with behavioral issues, professional training may help prevent problems that could lead to eviction.

4. Document Your Responsible Ownership: Keep records of veterinary care, training, and steps taken to address any complaints.

5. Know Local By-laws: Comply with municipal regulations regarding pet licensing, leash requirements, and the number of pets permitted in a household.

Best Practices for Landlords

For landlords concerned about potential pet-related issues:

1. Focus on Tenant Screening: Since you can't prohibit pets outright, focus on finding responsible tenants with well-behaved pets.

2. Address Specific Behaviors, Not the Pet: If issues arise, target the problematic behavior (noise, damage, waste) rather than the pet's presence.

3. Document Problems Thoroughly: If seeking eviction for pet-related issues, maintain detailed records of complaints, incidents, and communications with the tenant.

4. Consider Pet-Friendly Features: Simple additions like designated pet relief areas or soundproofing can reduce potential conflicts.

5. Understand the Law: Know the difference between unenforceable "no pet" clauses and legitimate grounds for addressing pet-related problems.

Conclusion

Ontario's legal framework strongly protects tenants' rights to keep pets while holding them accountable for their animals' behavior. When disputes arise, the LTB generally examines whether the pet's presence substantially interferes with others' reasonable enjoyment or creates health and safety concerns.

For both landlords and tenants, the key to navigating pet disputes lies in understanding these legal parameters and approaching conflicts with a problem-solving mindset. By focusing on specific behaviors rather than the mere presence of animals, most pet-related issues can be resolved without resorting to the eviction process.

Whether you're a pet owner searching for a rental home or a landlord concerned about potential pet-related problems, knowing your rights and responsibilities under the RTA provides the foundation for a positive rental experience for all parties involved.