What your landlord can and can’t do
Whether you’ve found yourself a furry friend, are moving in with a partner who has a pet, or want to know if your roommate can have a cat even though you’re super allergic, you’ll want to know the answer to this question.
Can landlords legally prohibit tenants from having a pet in their rental units?
There is no simple answer to the pet question. Before a lease is signed a landlord can legally refuse a prospective tenant because they own a pet. However, in practice any clause in a tenancy agreement that prohibits pets is considered void.
The Residential Tenancies Act governs relations between landlords and tenants of all types of rental housing in Ontario and Section 14 states, “A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” A landlord can legally ask a prospective tenant not to bring pets, but if the tenant ignores this request or later changes their mind and wants to have a pet, they cannot legally be evicted solely for having a pet in breach of the tenancy agreement.
Most student rentals will be in standard apartments, however some may rent in condominium complexes, where the rules for pets are slightly different. Condominium owners have greater rights and can set their own bylaws regarding pets (which can include a ‘no pet’ provision), and they would be able to force a tenant to move or remove a pet if having one was against their internal bylaws.
It is important to be aware that pets can still cause issues in rentals units. You will be liable if your pet damages the property, is considered dangerous (according to local bylaws), causes serious interference with the reasonable enjoyment of other tenants, or causes the landlord or other tenants to have a serious allergic reaction. If any of these arise, the landlord would have to bring an application for eviction to the Landlord and Tenant Board.
Another consideration is local bylaws. Each municipality has their own bylaws that define which animals are considered pets and provides guidance regarding pets. In Guelph, it is By-law Number (2016)-20122.
Do you have a question for Cailen? Email him at info@swainparalegal.com and remember to put The Ontarion in the subject line.
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