No Pet Provisions

Taken from the Ontario Real Estate Association’s Provincial Reference Manual, with additional reference at end.

Any provision in a tenancy agreement that forbids animals (frequently refferred to as the no pet provision) is in violation of the Act (Residential Tenancies Act). In other words, a no pet provision in a tenancy agreement is void (Section 14). However, exceptions do apply; e.g. provisions in the Ontario Human Rights Code and pet restrictions in condomiums (subject to certain qualifications). A condominium declaration may contain enforceable provisions (e.g. no pet provisions), relating to the occupation and use of units and common elements.

Any tenant or landlord involved in a dispute is strongly advised to contact the Ontario Rental Housing Tribunal and/or seek expert advice.

The landlord ay make an application for an order to terminate the the tenancy and evict the tenant under selected circumstances concerning animals; e.g. where the animal causes substancial interference with reasonable enjoyment, causes serious allergic reaction or the animal is inherently dangerous.

The Tribunal will not make an order without being satisfied that:
– the tenant is in fact keepin an animal; and,
– The past behaviour of an animal of that species has substancially interfered with the reasonable enjoyment of the landlord and other tenants; and that the animal did cause or contribute to substancial interference; or
– the presence of an animal of that species has caused a serious allergic reaction; and that the animal did cause or contribute to the allergic reaction;or
-The species or breed is inherently dangerous to the safety of the landlord or other tenants.

Resource: http://www.ltb.gov.on.ca/en/index.html