Are Pet or Key Deposits Legal in Ontario?

Many renters in Ontario wonder whether landlords can require extra deposits for pets or keys. As a tenant, it helps to know which fees are permitted, what counts as a lawful "rent deposit," and when a landlord may seek compensation instead of taking an upfront charge. This guide explains Ontario's approach to deposits and fees in plain language, shows practical next steps if you've been asked for a pet or key deposit, and points you to official places to file a complaint or get help so you can protect your rights as a renter.

What the law says in Ontario

Under Ontario's Residential Tenancies Act, 2006, the most common permitted upfront payment is a rent deposit (typically paid in advance for the last month's rent). Landlords generally cannot require extra cash deposits labelled as a "pet deposit" or a separate "key deposit" in addition to the rent deposit. Instead, landlords may seek compensation later for damage or for replacing keys if necessary. If you're unsure whether a fee is lawful, check the legislation and the Landlord and Tenant Board for guidance.^[1][2]

Common landlord practices and what to watch for

Some landlords may try to label extra charges as pet fees, key deposits, or administrative fees. Tenants should be careful: an upfront charge that is not a rent deposit may be unlawful. If a landlord says they will keep a pet deposit against damage, they usually must follow the same rules that apply when claiming damages after a tenancy ends rather than holding a special refundable pet fund.

• Ask for a written breakdown of any upfront payment and how it will be used.
• Document the condition of the unit and any existing damage before moving in.
• Get clear terms in writing about keys, locks and who is responsible for replacement costs.

How landlords can recover costs instead of taking deposits

Rather than asking for a pet or key deposit upfront, many landlords will: charge for repairs after damage is assessed, invoice tenants for replacement keys, or deduct approved amounts from a tenant's last month's rent where permitted. If a landlord seeks money after a tenancy for damage or replacement, they must be able to show reasonable evidence and receipts to justify the charge.

What to do if you've been asked for an illegal deposit

If a landlord asks you to pay a pet or key deposit that is not a rent deposit, start by asking for the request in writing and keep a copy. Write back (email is fine) stating that you do not agree to any unlawful additional deposit and asking for clarification or an alternative arrangement. If the landlord insists or takes adverse action, you can gather evidence and file an application with the Landlord and Tenant Board.^[2]

Practical tenant steps

1. Document the request: save the ad, text, email or lease clause showing the requested pet or key deposit.
2. Ask the landlord in writing to explain the legal basis for the fee and request a formal receipt if you pay anything.
3. If you paid an unlawful fee, ask for a refund in writing and keep records of that request.
4. File an application with the Landlord and Tenant Board if the landlord refuses to refund or takes retaliatory action.
5. Prepare evidence: leases, receipts, messages and photos that show the unit condition or the fee demand.

Frequently asked questions

Can a landlord ask for a key deposit in Ontario?

No, landlords cannot generally require a separate upfront key deposit in addition to a lawful rent deposit; they may instead charge for key replacement if keys are lost or replaced during or after a tenancy.

Are pet deposits legal in Ontario?

Separate pet deposits are typically not permitted as an extra deposit beyond the rent deposit; landlords can, however, seek compensation later for pet-related damage.

What if my lease includes a clause about pet or key deposits?

Even if a lease includes such a clause, it may be unenforceable if it conflicts with Ontario's rules; keep records and consider filing with the Landlord and Tenant Board if the landlord enforces the clause.

How-To

1. Collect evidence such as the lease, emails, photos and receipts showing the deposit request and unit condition.
2. Write to the landlord requesting a written explanation and a refund where a fee appears unlawful.
3. Keep copies of all correspondence and payments while you wait for a response.
4. File an application with the Landlord and Tenant Board if you cannot resolve the issue; include your evidence and a clear statement of the remedy you want.
5. Attend the hearing with copies of documents and be ready to explain the timeline and amounts involved.

Help and Support / Resources

• Landlord and Tenant Board (Tribunals Ontario)
• Ontario government: Renting and your rights
• Residential Tenancies Act, 2006 (e-Laws)

1. [1] Residential Tenancies Act, 2006 (e-Laws)
2. [2] Landlord and Tenant Board (Tribunals Ontario)
3. [3] Ontario government: Renting and your rights

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For related reading, see Understanding Rental Deposits: What Tenants Need to Know and Tenant Rights and Landlord Rights in Ontario.