Pet Clause in a Lease: Can a Landlord Refuse Pets in Ontario?
Many Ontario leases contain a “no pets” clause — but most tenants don't know that this clause is void by law. Understanding your rights around pets can save you from unnecessary conflict and illegal charges.
Are “No Pets” Clauses Enforceable in Ontario?
No — in most cases, they are not. Section 14 of Ontario's Residential Tenancies Act, 2006 (RTA) explicitly states:
“A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.”
— Residential Tenancies Act, 2006, s. 14
This means that even if your lease explicitly says “no pets allowed,” that clause has no legal force. A landlord cannot evict a tenant solely for having a pet. The Landlord and Tenant Board (LTB) will not enforce such a clause.
However, the protection is not unconditional. Landlords retain the right to pursue eviction proceedings if:
- The pet causes significant damage to the rental unit or property
- The pet causes ongoing noise, odour, or other disturbances that substantially interfere with other tenants' reasonable enjoyment
- The pet poses a safety concern to other residents
Important exception:If your unit is in a condominium, the condo corporation's rules (which are separate from your lease and the RTA) may impose valid pet restrictions, including breed bans. Condo rules are enforceable against tenants where the landlord is obligated to comply with them. Always check the condo declaration separately.
What Pet Clauses CAN Legally Require
While landlords cannot prohibit pets outright, they can include reasonable conditions in the lease related to pets. The following are generally enforceable:
- Professional cleaning at move-out (carpets, upholstery) attributable to the pet
- Proof of renter's or tenant liability insurance, including pet coverage
- Agreement to repair any damage caused by the pet beyond normal wear and tear
- Written acknowledgement that if the pet causes ongoing disturbance to other tenants, that is grounds for a notice
These conditions must be reasonable and cannot amount to a de facto ban on pets. For example, requiring $5,000 in additional insurance specifically for owning a hamster would likely be considered unreasonable and potentially void.
Red Flags in Pet Clauses
These are the pet-related clause patterns that LeasePlain flags as potentially illegal or unenforceable under Ontario law:
Pet deposit or additional security deposit for pets
This is illegal in Ontario. Landlords can only collect one deposit — the last month's rent deposit. Any additional pet deposit is not permitted under the RTA, and you can recover it by filing a Form T1 with the LTB.
Clause threatening immediate eviction for owning a pet
A landlord cannot evict a tenant solely because they have a pet. The 'no pets' clause is void under s. 14 RTA. The only valid eviction grounds related to pets are damage to the property or ongoing disturbance to others.
Breed or size restrictions
While landlords may attempt to include breed or weight restrictions in a lease, these provisions are generally unenforceable in Ontario because s. 14 voids pet prohibition clauses broadly. However, condo corporations can have different rules that may override this for condo rental units.
Requirement to disclose all pets before move-in with landlord approval
A lease cannot require advance landlord approval for pets such that the denial of a pet is effectively a pet prohibition. If approval is unreasonably withheld, the clause may be unenforceable.