Emotional Support Animals in Ontario Rentals: Tenant Rights Explained

Living in a rental home with an emotional support animal (ESA) can provide comfort and stability for many Ontarians. But what are your rights as a tenant in Ontario when it comes to ESAs? This article breaks down the rules about emotional support animals in rentals, the legal protections available, and the steps you can take if you face issues with your landlord.

What Counts as an Emotional Support Animal in Ontario?

An emotional support animal (ESA) is an animal that supports someone with a mental or emotional disability, but is not the same as a service animal. While service animals receive extensive training to assist with specific disabilities, ESAs do not require special training but are recognized to provide therapeutic benefits.

In Ontario, authentic documentation from a healthcare professional may be requested to confirm that a tenant requires an ESA. A letter from a licensed doctor or mental health professional is generally acceptable.

Are Landlords Required to Allow Emotional Support Animals?

Under the Residential Tenancies Act, 2006, landlords in Ontario cannot include “no pets” clauses in new or renewing rental agreements.^[1] This means most tenants have a right to keep pets in their unit. However, emotional support animals are not covered by the same rules as service animals under the Ontario Human Rights Code, so some additional nuance applies.

• If an individual's need for an ESA is related to a disability, landlords are generally expected to accommodate under the Ontario Human Rights Code. This could override the landlord’s preferences in most situations.
• Exceptions can apply if the animal poses a serious health risk, causes significant damage, or if pets are specifically banned by another law (such as certain condominium bylaws).

For an overview of your legal protections, visit Tenant Rights in Ontario.

How Does This Affect Existing or Future Rental Agreements?

Even if a lease has a “no pets” rule, it is unenforceable in most cases. If you have already signed a tenancy agreement, your landlord cannot evict you solely for getting a pet, including an ESA. For more details on your responsibilities after signing your agreement, check What Tenants Need to Know After Signing the Rental Agreement.

How to Request Accommodation for an ESA

If your ESA is necessary for your health due to a disability, follow these steps to request an accommodation:

• Gather documentation from a qualified healthcare professional. A detailed letter stating your need for the animal is optimal.
• Inform your landlord in writing, attaching your documentation and explaining that your ESA supports a disability.
• Be honest and specific about the accommodation you require, and open to a collaborative solution.

Filing a Complaint or Seeking Legal Recourse

If your landlord will not accommodate your valid ESA request, you can:

• File a complaint with the Human Rights Tribunal of Ontario (HRTO). The HRTO is responsible for handling discrimination claims, including those around disability and accommodation.
• Use Form 1: Application – General, available on the HRTO website. This form lets you begin a complaint for discrimination. Download HRTO Form 1 here.

Example: If you are denied permission to keep an ESA despite providing a doctor's letter confirming it helps manage your anxiety, you can fill out Form 1 and submit it to HRTO, attaching your supporting documents.

Deposits, Damage, and Tenant Responsibilities

Landlords can request a pet damage deposit only if the animal causes damage that goes beyond normal wear and tear. They cannot ask for a separate deposit just for the animal, but they can recover costs if the ESA damages the property.

For more information on permitted deposits and how they are handled, read Understanding Rental Deposits: What Tenants Need to Know.

Summary: Keeping an ESA in an Ontario Rental

• Most “no pets” clauses are unenforceable in Ontario rentals.
• Documentation is important – always have a letter from a qualified professional for your ESA.
• Landlords cannot refuse accommodation on disability grounds except in rare situations.

To search for housing that may be the best fit for you and your animal companion, Search pet-friendly rentals on Houseme.ca.

Frequently Asked Questions About Emotional Support Animals in Rentals

1. Can my landlord evict me for having an emotional support animal?
   In most cases, no. As “no pets” clauses are unenforceable, eviction based solely on having an ESA is generally not allowed unless the animal causes significant problems.
2. Do I need proof to have an emotional support animal?
   Yes. Landlords can request supporting documentation from a doctor or mental health professional verifying your need for the animal.
3. What if my rental is a condo and has stricter rules?
   Condo bylaws may enforce pet restrictions, but landlords and condo boards must still consider accommodation for disabilities. Legal advice or a complaint to the Human Rights Tribunal may help resolve these conflicts.
4. Can my landlord charge extra rent or a deposit for my ESA?
   Landlords cannot charge a specific pet deposit but may recover costs for actual damages caused by any pet, including ESAs.
5. What if my landlord refuses to consider my request?
   You can file a complaint with the Human Rights Tribunal of Ontario using Form 1, providing all supporting documentation.

Key Takeaways for Tenants with Emotional Support Animals

• Emotional support animals are protected if needed for a disability – always have documentation ready.
• Your landlord cannot enforce “no pets” clauses, except in rare and exceptional circumstances.
• File a complaint if you are denied a needed accommodation for your ESA due to a disability.

Understanding these protections can make your renting experience in Ontario more secure and comfortable.

Need Help? Resources for Tenants

• Human Rights Tribunal of Ontario: File discrimination or accommodation complaints.
• Residential Tenancies Act, 2006: Learn your legal rights as a tenant in Ontario.
• Community Legal Education Ontario (CLEO): Free legal information and tenant resources.
• Tenant Rights in Ontario: Comprehensive guide to tenant protections and obligations.

1. See Residential Tenancies Act, 2006, section 14 (prohibition of “no pets” provisions).
2. Ontario Human Rights Code (Accommodation for persons with disabilities): Read the Human Rights Code, section 2 and 11.
3. Human Rights Tribunal of Ontario: Official tribunal site.