Can Ontario Landlords Refuse Emotional Support Animals?

Are you a tenant in Ontario wondering if your landlord can say “no” to your emotional support animal (ESA)? This is a common concern for tenants who rely on animals for their mental health or well-being. Knowing your rights under Ontario law can help you navigate this sensitive issue and protect yourself from discrimination.

What Are Emotional Support Animals (ESAs)?

An Emotional Support Animal (ESA) provides comfort, companionship, or aid to a person with a disability or mental health need. Unlike trained service animals (like guide dogs), ESAs are not required to undergo specialized training, but their presence is medically necessary for some people.

Legal Protections for Tenants With Emotional Support Animals in Ontario

Ontario's Residential Tenancies Act, 2006 and the Ontario Human Rights Code both offer important protections for tenants with disabilities, including those who need ESAs.

• No Pet Clauses: In most Ontario rental agreements, 'no pets' clauses are considered void under the Residential Tenancies Act, 2006.^[1]
• Disability Accommodation: Landlords have a duty to accommodate disabilities, including those requiring ESAs, to the point of undue hardship under the Human Rights Code.^[2]
• Service Animals vs. ESAs: Service animals have explicit protections, but ESAs may require additional medical documentation to verify their necessity.

This means a landlord usually cannot deny an ESA if the animal is medically required due to a disability and does not pose valid health, safety, or property risks.

When Can a Landlord Legally Refuse an Emotional Support Animal?

There are a few limited situations where a landlord could restrict an ESA:

• If the animal poses a substantial threat to others or causes significant property damage
• If accommodating would create undue hardship (e.g., allergies in a small shared building, municipal animal by-laws)
• If you cannot provide verification from a regulated health professional confirming you need the animal for a disability

However, landlords must make genuine efforts to accommodate before claiming undue hardship—and the burden of proof is on them.

How to Request an Accommodation for Your Emotional Support Animal

If you require an ESA, these steps can help you request accommodation from your landlord:

• Ask your primary care provider, doctor, nurse, therapist, or another regulated health professional for a note stating your need for the animal as part of your treatment or for your mental health.
• Submit a written accommodation request to your landlord, including the documentation (your diagnosis does not have to be disclosed, only the disability-related need).
• Be open to dialogue, especially if your landlord expresses concerns around allergies or building rules.

Official Forms and What Tenants Can Use

There is no specific ESA request form required by the Landlord and Tenant Board of Ontario (LTB), but you may need to file a formal complaint or application if your landlord refuses to accommodate:

• Form T2: Application About Tenant Rights
  • When to use: File if your landlord denies your accommodation request or discriminates against you for having an ESA.
  • Where to get it: LTB Official Forms Page
  • How to use: Complete the T2 detailing the discrimination and submit it to the LTB.

The LTB can order a landlord to stop discriminatory practices or allow your animal if it finds your rights were violated.

Key Tenant Responsibilities

It’s important to know that, while ESAs are protected, tenants are responsible for:

• Preventing excessive noise or damage caused by any animal
• Complying with municipal pet by-laws (licensing, number of pets, etc.)

Your Rights Under Ontario Law

Tenants in Ontario have strong legal backing against discrimination because of disability, including the right to an emotional support animal when appropriately documented. For more on provincial rules, see Tenant Rights in Ontario.

For those searching for affordable homes for rent in Canada and want to ensure pet-friendliness, consider using a nationwide rental platform to filter your options efficiently.

1. Can my landlord evict me for getting an emotional support animal?
   If you need the animal because of a disability and follow all tenancy rules, your landlord cannot legally evict you solely for having an ESA. They would be violating the Human Rights Code.
2. Is a doctor's note always required for an ESA?
   A note or letter from a regulated health professional stating that you have a disability-related need for the animal is usually required for legal protection.
3. What if my landlord claims allergies to my ESA?
   Your landlord must work with you to find a reasonable solution, unless accommodating your ESA causes "undue hardship," such as severe medical risk in a shared-space situation.
4. Can a landlord charge extra deposits or fees for my emotional support animal?
   Ontario law does not allow landlords to collect extra pet deposits. Standard rental deposit rules apply. See Understanding Rental Deposits: What Tenants Need to Know for details.
5. Are there differences between ESAs and service animals in rental housing?
   Yes. Service animals have explicit protections and access rights under the law, but tenants needing ESAs still have robust human rights protections if documentation is provided.

Conclusion: What Tenants Should Remember

• Landlords in Ontario generally cannot deny accommodation for emotional support animals when medically required.
• You should provide a simple note from a regulated health professional to verify your need.
• Know your responsibilities: Prevent damage or disturbances and follow local laws.

Understanding these rights helps you secure stable, inclusive housing while meeting all legal requirements.

Need Help? Resources for Tenants

• Landlord and Tenant Board of Ontario (LTB): For applications, forms, and dispute resolution
• Ontario Human Rights Commission: Guidance on rights, discrimination and disability accommodation
• Community Legal Education Ontario (CLEO): Easy-to-understand guides on housing rights
• For more details on tenant laws: Tenant Rights in Ontario

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1. See Residential Tenancies Act, 2006 - Section 14
2. See Ontario Human Rights Code - Section 2(1)

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