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“No pets” clauses are common in Toronto rental listings. But under Ontario’s Residential Tenancies Act, a provision in a tenancy agreement that prohibits pets is generally void.

That does not mean a tenant can keep any animal in every rental without restriction. The rules change when a pet causes damage or serious interference, when condominium rules apply, or when the rental arrangement falls outside the Residential Tenancies Act. Here is what the law actually says.

Are no-pets clauses enforceable in Ontario?

In most Ontario residential tenancies, no.

Section 14 of Ontario’s Residential Tenancies Act states that a provision in a tenancy agreement prohibiting animals in or around the residential complex is void.

A landlord can put a “no pets” clause into a lease, but where the RTA applies, that clause generally carries no legal weight simply because the tenant signed it.

You cannot normally be evicted just because you have a pet.

The important distinction is between having a pet and what that pet does. The presence of an animal alone is generally not grounds for eviction. Its behaviour, the impact on other residents and applicable condominium rules can be.

What the law says — and when it applies

The RTA’s protection against no-pets clauses applies to tenancy agreements covered by the Act.

Before entering into a tenancy, a prospective landlord may ask about pets and may choose among applicants. Once an RTA-covered tenancy agreement is in effect, however, a lease term that simply prohibits the presence of animals is void.

So there is an important practical difference between the application stage and the tenancy itself.

  • If you already have a pet while applying for a rental, the landlord may take that information into account when considering the application, subject to other applicable laws.
  • If you enter into an RTA-covered tenancy and later get a pet, a standard no-pets clause does not become enforceable simply because it appears in the lease.
  • If you disclosed a pet before signing and the landlord entered into the tenancy anyway, the general RTA rule against no-pets provisions still applies.

There are important exceptions, particularly for condominium rentals and certain shared-living arrangements.

When a pet can become grounds for action

Having a pet is not, by itself, generally grounds for eviction in Ontario. But the animal’s behaviour or impact can create a legitimate tenancy issue.

Depending on the circumstances, a landlord may take action where an animal:

  • Causes undue or significant damage to the rental unit or residential complex
  • Substantially interferes with another tenant’s or the landlord’s reasonable enjoyment — persistent disruptive barking, for example
  • Causes or contributes to a serious allergic reaction
  • Creates a genuine safety concern

The RTA specifically addresses animal-related eviction applications. The Landlord and Tenant Board must consider the actual presence, behaviour and impact of the animal rather than simply relying on a no-pets clause.

An N5 notice is not an eviction order

Where a pet is causing interference, damage or another problem covered by the legislation, a landlord may use an N5 — Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding.

But receiving an N5 does not mean you have already been evicted.

For a first N5 of this type, the tenant generally has seven days to correct the activity or behaviour that caused the notice. If the problem is corrected within that period and does not recur within the applicable timeframe, the notice can become void.

If the matter proceeds, the landlord must apply to the Landlord and Tenant Board. An eviction requires an LTB order — the notice itself is not the eviction.

A void no-pets clause and a pet creating a legitimate tenancy problem are two different issues. Ontario law generally protects the first. It does not give tenants permission to ignore the second.

The condominium exception

This is one of the most important exceptions for Toronto renters.

If you are renting a condominium unit, the condo corporation’s declaration, bylaws and rules operate separately from a landlord simply writing “no pets” into the lease.

A condominium corporation may have enforceable rules that:

  • Prohibit pets or certain animals
  • Restrict particular types or breeds of animals
  • Set size or weight restrictions
  • Limit the number of animals permitted in a unit
  • Regulate where animals may be taken on the common elements

Ontario’s Guide to the Standard Lease specifically notes that while a lease term banning pets is generally void, a landlord can require a tenant to comply with condominium rules that may restrict pets.

That means a renter in a condominium should not stop at asking, “Does the landlord allow pets?”

Ask whether the condominium corporation has pet restrictions before signing the lease.

Pet deposits and additional fees

A landlord cannot turn pet ownership into an additional security deposit.

Ontario’s Standard Lease guidance identifies pet deposits as an example of a prohibited additional term. A landlord should not require a separate damage deposit merely because a tenant has an animal.

The same principle applies to adding an arbitrary monthly “pet fee” simply for permission to keep an animal.

If a pet actually causes damage, the landlord can pursue compensation using the remedies available under the Residential Tenancies Act. The solution is not to collect a pet damage fund in advance.

Tenant insurance is a separate issue. A lease may lawfully include an agreed requirement for tenant liability insurance. That should not be confused with charging a special pet deposit or pet fee.

What if your pet damages the rental?

The fact that a no-pets clause is void does not remove a tenant’s responsibility for damage.

Under the RTA, tenants can be responsible for undue damage caused wilfully or negligently by the tenant, another occupant or a guest. Problems caused by an animal can therefore still have financial consequences for the tenant.

Examples might include:

  • Significant damage to flooring or doors
  • Damage to common areas
  • Repeated contamination requiring remediation
  • Damage caused by scratching, chewing or other animal behaviour beyond ordinary wear

The important point is that responsibility is based on the actual damage and evidence — not simply on the fact that a pet lived in the unit.

What about barking, allergies or other tenants?

The RTA does not require other residents to tolerate substantial interference simply because the source of the problem is an animal.

Persistent barking, serious allergy issues or conduct that substantially interferes with another resident’s reasonable enjoyment can create grounds for a landlord to act.

The Landlord and Tenant Board looks at the circumstances. For animal-related eviction applications, the Act specifically addresses substantial interference, serious allergic reactions and animals whose presence creates an inherent safety concern.

Again, the issue is not simply “the tenant has a pet.” The issue is the effect of that particular animal in that particular residential complex.

Shared accommodations and private rooms

The rules can be different when you are renting a room in a home where the owner or certain members of the owner’s immediate family also live.

The Residential Tenancies Act contains an exemption where an occupant is required to share a kitchen or bathroom with the owner, the owner’s spouse, child or parent, or certain close family members of the owner’s spouse, and that person lives in the building.

Where that exemption applies, the normal RTA protections — including Section 14’s treatment of no-pets clauses — may not apply to the arrangement.

This is why renters should be careful about assuming that the rules governing a self-contained apartment automatically apply to every room-rental or shared-housing situation.

If you share living facilities with the owner or the owner’s family and your legal status is unclear, getting tenancy-specific legal advice is the safer approach.

What renters with pets should check before signing

The legal rule is relatively simple. The practical situation can be less so.

Before committing to a rental, check:

  • Whether the rental is covered by Ontario’s Residential Tenancies Act
  • Whether the property is a condominium
  • Whether the condominium declaration, bylaws or rules restrict animals
  • Whether your particular pet could create a genuine issue because of size, behaviour, noise or safety
  • Whether the lease contains additional pet-related terms that conflict with the RTA

Knowing this before you move in is considerably easier than trying to resolve a dispute afterward.

A “no pets” clause in an Ontario lease is generally void where the RTA applies. But “void” and “uncontested” are not always the same thing. Knowing the rules before you sign puts you in a much stronger position if a disagreement arises.

Resources for Ontario renters

Frequently Asked Questions

→ Are no-pets clauses enforceable in Ontario?

In most residential tenancies covered by Ontario’s Residential Tenancies Act, no. Section 14 states that a provision in a tenancy agreement prohibiting the presence of animals in or around the residential complex is void. Important exceptions can apply, including enforceable condominium rules and rental arrangements that are exempt from the RTA.

→ Can my landlord evict me for getting a pet?

A landlord generally cannot evict an RTA-covered tenant simply because they have a pet. However, a pet’s behaviour or impact can create grounds for action if it causes damage, substantially interferes with others, contributes to a serious allergic reaction or creates a genuine safety issue. An eviction requires the appropriate legal process and an order from the Landlord and Tenant Board.

→ Do no-pet rules apply in condos in Ontario?

Condominium rules are an important exception. Although a landlord’s standard no-pets lease clause is generally void under the RTA, a condo corporation may have enforceable declaration, bylaw or rule provisions that prohibit or restrict animals. Condo renters should check the building’s rules before signing a lease.

→ Can a landlord charge a pet deposit in Ontario?

A separate pet or damage deposit is generally not permitted in an Ontario residential tenancy covered by the RTA. If a pet causes undue damage, the landlord can pursue compensation through the remedies available under the Act rather than collecting a pet damage deposit in advance.

→ Can a landlord give an N5 because of a pet?

A landlord may use an N5 where a pet’s behaviour results in substantial interference, damage or another issue covered by the notice. A first N5 generally gives the tenant seven days to correct the behaviour that caused the notice. The N5 itself is not an eviction order; if the matter proceeds, the landlord must apply to the Landlord and Tenant Board.

→ Does the Ontario no-pets rule apply if I rent a room from the homeowner?

Not always. The Residential Tenancies Act does not apply to certain arrangements where the occupant is required to share a kitchen or bathroom with an owner or specified member of the owner’s family who lives in the building. If that exemption applies, the RTA’s no-pets provision may not protect the occupant.

Sources: Ontario Residential Tenancies Act, 2006, including sections 5, 14 and 76; Ontario Guide to the Standard Lease; Landlord and Tenant Board guidance and forms; and Ontario condominium legislation and regulations.

Disclaimer: This article provides general information about Ontario residential tenancies and is not legal advice. Condominium rules, shared-housing arrangements and individual tenancy circumstances may change how the law applies. For advice about a specific situation, consult a lawyer, licensed paralegal or tenant duty counsel.