Alberta Case Law: Pet-Related Tenancy Dispute Highlights
For tenants in Alberta, having a pet can sometimes lead to misunderstandings with your landlord. But what are your rights when it comes to pet-related tenancy disputes? This article uses real Alberta case law to explain how official decisions shape tenancies, what to expect if a dispute arises, and how you can protect yourself — all explained in plain language for Alberta renters.
Overview: Pets, Renting, and Alberta's Tenancy Law
Alberta does not have province-wide laws that guarantee the right to keep a pet in your rental, but landlords may set rules about pets in the lease agreement. However, pet clauses and enforcement have been carefully considered by Alberta's Residential Tenancy Dispute Resolution Service (RTDRS), which is the authority hearing most rental disputes in the province.
Disputes can include:
- Disputes over whether a pet is allowed
- Eviction notices due to unauthorized animals
- Damage or alleged nuisance caused by pets
- Requesting an exception due to disability (e.g., service animals)
Key Alberta Cases: What the RTDRS and Courts Have Decided
Understanding previous decisions helps tenants predict how a similar dispute might resolve. Here are common rulings:
1. Leases With “No Pets” Clauses
When a rental agreement specifically states “no pets,” the RTDRS has generally upheld the landlord's right to enforce this, as long as it is clearly written.
- Example: In RTDRS File 08207042, a tenant was ordered to remove a dog after a complaint from another resident and a clear “no pets” lease term.[1]
However, landlords must still provide fair warning. If a tenant receives a 14-day eviction notice claiming an unauthorized pet, the landlord must show the pet’s presence violated the signed lease, not just a verbal agreement.
2. Pet Damage and Additional Deposits
Landlords in Alberta can request a security deposit (also called a damage deposit), but the total amount — including any pet deposit — cannot exceed one month’s rent. Extra fees disguised as “pet rent” or “additional deposits” are not allowed by law.[2] If you’ve paid more, you may have grounds to dispute those charges.
Read more about safe deposits, what can and cannot be charged, and how to protect your returns by visiting Understanding Rental Deposits: What Tenants Need to Know.
3. Pet Complaints: Nuisance or Safety Issues
If a pet causes significant damage or seriously disturbs other tenants, a landlord may seek eviction — but legal procedure must be followed. RTDRS decisions often hinge on these questions:
- Did the pet injure anyone or cause repeated noise/disturbance?
- Has the tenant attempted to resolve complaints or offered to remove the pet?
- Is the pet considered an assistive (service) animal under the law?
Health, safety, or sanitation issues (such as fleas or bites) can be grounds for immediate action if evidence is provided. To learn more about general health and safety obligations in Alberta rentals, see Health and Safety Issues Every Tenant Should Know When Renting.
Filing or Responding to a Pet-Related Dispute in Alberta
If you face eviction or complaint due to a pet, follow these steps:
- Review your lease for pet-related clauses.
- Respond in writing to any notices and gather documentation (photos, letters, medical evidence if the pet is a support animal).
- If negotiations fail, you may file a dispute with the RTDRS.
Key Forms and How to Use Them
- RTDRS Application (Form): Used to start a tenancy dispute, such as appealing eviction for a pet.
Access the form and guide on the RTDRS official site. Typically, you fill in the details about your case, provide your evidence (photos, lease copy, correspondence), and pay a modest filing fee. - Notice to Vacate (Landlord's Eviction Notice): Landlords must use a written form stating the reason (e.g., unauthorized pet) and timelines under the Residential Tenancies Act. Tenants may challenge this before the RTDRS or Court if the notice is not justified.
Check the full text of the Alberta Residential Tenancies Act for official rules.[3]
Discrimination and Service Animals
Landlords cannot refuse a bona fide service animal required due to a disability, as protected by Alberta’s Service Dogs Act and the Human Rights Act.[4] Always provide documentation from a regulated health professional if needed. Tenancy boards treat these situations differently than pets for comfort or companionship.
Rights and Responsibilities: What Tenants and Landlords Must Do
Both parties have duties under Alberta law. For a full overview, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and check Alberta's official legislation for details.
Tenants: Carefully read and save your signed lease, get permission in writing for any exceptions, and respond if your landlord raises concerns about your pet.
Looking for a Pet-Friendly Rental?
Search pet-friendly rentals on Houseme.ca for up-to-date, nationwide listings and tools to help you find your next home. Search pet-friendly rentals on Houseme.ca today.
For all Alberta renters, you can learn about provincial specific rights and resources at Tenant Rights and Landlord Rights in Alberta.
FAQ: Pet-Related Rental Disputes in Alberta
- Can my landlord charge me extra for a pet?
No, in Alberta, the total security deposit — including any pet deposit — cannot exceed one month's rent as required by law. Ongoing extra fees ('pet rent') are not legal. - What should I do if my landlord says I must remove my pet?
Check your written lease and respond promptly. If you disagree and the pet is not prohibited, you can file with the RTDRS before being forced to move. - Are service animals treated the same as pets in rental disputes?
No. Landlords cannot refuse tenants with qualified service animals needed for a disability. You may need to provide proof from a regulated professional. - Can I be evicted for an unauthorized pet if it isn't causing problems?
If your lease has a clear 'no pets' clause, you could face eviction after due process. However, tenants have the right to dispute if reasons are unclear or not enforced fairly. - Where do I resolve a pet-related tenancy dispute in Alberta?
Most disputes can be taken to the Residential Tenancy Dispute Resolution Service (RTDRS), which provides quick, informal hearings.
Key Takeaways for Alberta Renters
- Check your lease for pet policies and always get documentation in writing.
- Illegal fees or unjust eviction actions for pets can be challenged at the RTDRS.
- Service animals for disabilities are protected under Alberta law.
Keep communication open, document all agreements, and use official forms and procedures if a dispute arises.
Need Help? Resources for Tenants
- Residential Tenancy Dispute Resolution Service (RTDRS) — File complaints and resolve disputes
- Alberta Government's Tenants & Landlords Page — Guides and rights info
- Alberta Community Services — Advocacy and advice for renters
- See Tenant Rights and Landlord Rights in Alberta for provincial facts and updates
- Residential Tenancy Dispute Resolution Service (RTDRS), Sample Decisions and Orders: RTDRS Cases
- Alberta Government, Security Deposits in Rental Properties: Security Deposit Rules
- Alberta Residential Tenancies Act, full text: Alberta Residential Tenancies Act (PDF)
- Alberta Service Dogs Act: Alberta Service Dogs Act
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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