Can a Landlord Refuse to Rent A Unit to Me Just Because I Have a Cat?

Generally, a Tenant Is Allowed to Have Pets. If An Apartment Is Governed By the Registered Tenancies Act, 2006, Then a Tenant Is Permitted to Have Pets Subject to Very Few Exceptions. Also, Do Note That a Landlord Is Allowed to Ask About Pets.

Notice to Evict for renovations document

When a lease contains a clause disallowing pets, such a clause is unlawful and void as being against section 14 of the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17 (the "RTA"), whereas such explicitly states that a landlord is unable to ban pets; accordingly, and such applies despite any agreement by the tenant, a 'pet ban' clause is unlawful and therefore unenforceable. The RTA very clearly states:

“No pet” Provisions Void

14 A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.

Exceptions

Despite the rule per s. 14 of the RTA that voids a pet ban, there are exceptions to the rule. The exceptions that would allow a ban upon a pet can be found in s. 76 of the RTA which says:

76 (1) If an application based on a notice of termination under section 64, 65 or 66 is grounded on the presence, control or behaviour of an animal in or about the residential complex, the Board shall not make an order terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that,

(a) subject to subsection (2), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants;

(b) subject to subsection (3), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or

(c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants.

Accordingly, if a pet is causing damage to the property, or disruption and interference to others, a 'no pets' condition may be permitted.  Additionally, if a municipal bylaw or other authority forbids the presence of pets, or if the tenancy is within a condominium corporation where the Condominium Declarations forbid the presence of pets, such may, and likely does, over rule the 'no pets' provision and the landlord may, and likely will, be successful in banning a pet.

Summary Comment

A clause within a lease stating that a residential tenancy shall be without pets is void; however, there are exceptions whereas if the pet presents as a safety hazard or is substantially interfering in the reasonable enjoyment of others living within the residential complex, a landlord may apply to the Landlord Tenant Board for an Order that would, essentially, set aside the 'no pets' restriction and thereby ban a pet.

Grant Winegarden Paralegal Professional Corporation provides Landlord Tenant Board services for clients located in St. Thomas, London, Talbotville, Port Burwell, Elgin County, among other places!

For more information, fill out the form below to send a direct inquiry to Grant Winegarden Paralegal Professional Corporation.

Provide some context to explain the nature of your inquiry.
ATTENTION: Confidential information regarding your case must not be sent through this website.  This website is not intended as providing legal advice nor intended as a method to establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website form only to arrange an introduction with a Grant Winegarden Paralegal Professional Corporation representative, before taking any steps to discuss the particulars of your legal case.  Legal advice cannot be provided to you via reply email or over the phone.
Grant Winegarden Paralegal Professional Corporation

456 Talbot Street
St. Thomas, Ontario
N5P 1B9

P: (519) 633-9594
E: jgrant@grantparalegal.ca

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







Service Within:

St. Thomas
London
Sheddon
Port Bruce
Aylmer
Port Burwell
Mount Brydges


Talbotville
Elgin County
Komoka
Wallacetown
Tillsonburg
Ingersol
and much more

Logo: Grant Winegarden Paralegal Professional Corporation
Grant Winegarden
Paralegal

SSL Secured Trust https://grantwinegarden.legal