For many tenants in Ontario, pets are beloved family members. But pet ownership can sometimes lead to disputes between tenants and landlords. Knowing your rights—and understanding how Ontario law and recent decisions address pet-related tenancy disputes—can help you navigate these situations effectively and protect both your home and your furry companions.

Understanding Ontario's Approach to Pets in Rental Housing

Ontario has some of Canada's most tenant-friendly laws regarding pets in rental units. The Residential Tenancies Act, 2006 (RTA) sets the rules. In most cases, landlords cannot evict a tenant simply because they have a pet—even if the lease says 'no pets.' However, there are exceptions if the pet causes specific problems such as damage, health risks, or serious disturbances.^[1]

Common Pet-Related Disputes

• Lease contains a “no pets” clause, but the tenant gets a pet
• Pet causes damage to property
• Pet creates excessive noise or disturbances
• Pet poses an allergic or health risk to others
• Keeping a prohibited species or dangerous animal

Landlords may only seek eviction or impose restrictions if one of these circumstances is proven—even if the tenancy agreement claims otherwise.

Important Legal Decisions in Ontario

Past decisions at Ontario’s Landlord and Tenant Board (LTB) continue to shape how pet-related disputes are resolved:

• No-Pet Clauses Not Enforceable: In Montgomery v. Van (2009), the LTB confirmed that “no pets” clauses cannot be used to end a tenancy simply because of pet ownership, unless there’s evidence of problems caused by the pet.
• Health and Safety Exceptions: In cases where a pet constitutes a serious health risk (e.g., severe allergies to a certified assistance animal occupant), the LTB may allow eviction. The case Greenwin Property Management v. Oldfield (2010) showed that the burden is on the landlord to prove the risk is substantial and not just an inconvenience.
• Property Damage or Disturbance: Evictions have been allowed where pets caused significant property damage or continual disturbances. For example, ongoing noise complaints or destroyed apartment interiors led to tenant evictions in several LTB decisions.

Each case is unique. The LTB examines the impact of the pet—on the property, other tenants, and common areas—before making a decision.

Steps for Tenants Facing Pet-Related Disputes

If you receive a complaint or eviction notice related to your pet, it’s important to take the following actions:

• Understand the complaint: Ask your landlord for specific details about the issue (noise, damage, allergies, etc.).
• Document your pet’s behaviour: Keep records of your pet’s training, vaccinations, or evidence that it does not cause the alleged issues.
• Respond in writing: Offer solutions—such as professional cleaning or training classes—and communicate your willingness to resolve concerns.
• Attend any LTB hearing: Be prepared with documentation and, if necessary, legal support.

Key Forms for Pet-Related Tenancy Issues

• N5 Notice to End Your Tenancy for Interfering with Others, Damage, or Overcrowding: Landlords use this form (N5) if they believe your pet is causing issues like excessive noise or property damage. If you receive an N5, you may correct the problem within seven days and avoid eviction.
  Learn more and access the N5 Form from the Landlord and Tenant Board.
• T2 Application About Tenant Rights: If you feel your landlord is acting unfairly or violating your rights regarding your pet, you can use the T2 application to ask the LTB for help.
  See the official T2 form and instructions.

For each form, be sure to read instructions carefully and submit supporting documents.

Tenants’ Rights and Responsibilities

While Ontario law protects tenants from “no pets” clauses, tenants still have a duty to ensure pets do not cause damage, harm, or disturbances. You can read more about these duties in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For a full list of local regulations and protections specific to you, visit Tenant Rights in Ontario. And if you’re moving or searching for a new, pet-friendly apartment, you can search pet-friendly rentals on Houseme.ca easily.

FAQ: Pet-Related Disputes for Tenants

1. Can my landlord evict me for having a pet, even if my lease says “no pets”?
   In most Ontario cases, “no pets” clauses are not enforceable unless your pet is causing significant problems such as damage, health hazards, or disturbances.
2. What should I do if my landlord serves me with an N5 notice about my pet?
   If you get an N5 notice, address the issue within seven days (for example, by stopping the disturbance or repairing damage). If you correct the problem in time, the eviction can be canceled.
3. Are there any types of pets that aren’t allowed in Ontario rentals?
   Yes. Even though landlords cannot generally ban pets, some municipalities restrict certain exotic, large, or dangerous animals. Always check local bylaws.
4. What if another tenant is allergic to my pet?
   The LTB will balance both parties’ rights. Only severe, medically proven allergies that cannot be managed may justify an order against keeping the pet.
5. Can a landlord ask for a special pet deposit in Ontario?
   No. Ontario law does not allow landlords to require a pet deposit, only a rent deposit equal to one month’s rent at most.

Conclusion: Key Takeaways

• Most “no pets” clauses in leases are not enforceable under Ontario law.
• Landlords may act only if there is provable damage, disturbance, or health risk.
• Tenants should understand their responsibilities and keep documentation about their pets.

By staying informed, you can confidently handle pet-related disputes in rental housing and ensure a safe home for both you and your pets.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) – Official Site (N5, T2 forms, case decisions, resources)
• Ontario Government Tenant Information
• Local legal clinics or tenant associations—find services in your area through your municipality or community legal clinics

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1. Residential Tenancies Act, 2006, see full legislation here
2. Landlord and Tenant Board Ontario, official tribunal website

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