Renting a home in Toronto is no easy task for human tenants, and it can get even more complicated when it involves their animal companions.
A GTA real estate expert is speaking out about pet policies in rental units, including whether landlords can evict a tenant based on whether they have a pet or not.
While Ontario’s Residential Tenancies Act states that ‘no pet’ provisions on rental contracts are not enforceable, they are still commonplace on listings across the province, including in Toronto.
To help tenants stay prepared, Now Toronto spoke with real-estate agent Ashlie Valentine to understand Ontario’s rules about pet ownership while renting.
CAN A LANDLORD EVICT ME IF I HAVE PETS?
In short, ‘no pet’provisions are technically not allowed in rental agreements.
According to Valentine, should a landlord slip in a rule against pets into the contract, that rule would be void under the Tenancies Act.
“They can put ‘no pets’ in the listing. But their having a clause in your lease that states ‘no pets allowed’ is not legally enforceable,” she told Now Toronto on Friday.
That means, if you’ve already signed a contract, your landlord would not be able to evict you or take back the agreement based on the fact that you have a pet, even if the contract states ‘no pets’.
This also applies when you get a pet during your tenancy term.
“Let’s say you signed the lease and then you brought your pet in afterwards, and the landlord is now having trouble with that, and they’re telling you that you can’t have the pet. They would have to evict you,” Valentine says. “They can’t actually evict you based on just having the pet.”
If your landlord still gives you trouble for having a pet, Valentine recommends filing a case with the Landlord and Tenant Board.
CAN A LANDLORD DENY MY APPLICATION IF I HAVE PETS?
If the listing states that no pets are allowed, landlords could deny your rental application when you disclose that you have one. However, they likely would justify it with other reasons.
“I have seen that happen… I don’t think they’re legally allowed to discriminate, but it has happened where they find out that you have a pet and then they choose somebody else, or they decline for another reason,” Valentine adds.
Tenants should also keep in mind that landlords are not allowed to ask for extra fees or security deposits based on pet ownership. However, they might be able to ask you to pay for any damages left by your animal once you move out.
DO TENANTS HAVE TO DISCLOSE PETS?
There are no rules about tenants having to disclose pet ownership when applying for a new rental or after they have already moved in.
But Valentine points out that it all comes down to what kind of relationship you wish to have with your landlord.
“It’s just a matter of understanding that you are now renting a property that belongs to somebody else and just the relationship is more what you should be worried about,” she says.
“If you want to have a positive relationship with the landlord, then it’s always good to be upfront and honest.”
ARE THERE ANY EXCEPTIONS?
Tenants should keep in mind that the fact that ‘no pet’ provisions are not allowed on rental agreements doesn’t necessarily equate to a green light for moving your animal companion in.
There are a few exceptions to the rule.
Firstly, Valentine stresses that renters always need to comply with the rules of the building they live in, which might include pet restrictions.
“Some buildings are pet-friendly, but there are a lot of condos that are not pet-friendly. They have restrictions. So, they actually have some situations where the condo corporation actually prohibits pets in that building. In that case, there’s nothing that you can do. You cannot bring a pet into that building,” she explains.
Meanwhile, she says the Landlord Tenant Board also includes exceptions for ‘no-pet’ rules when it comes to allergies, even though they might be hard to enforce.
According to Valentine, if another resident of the household – whether it be the landlord or another tenant – has a serious allergy to your pet, they might be able to ask you or your pet to move out, in rare cases.
“[This is] only if allergies are really serious and they have medical support from a doctor, as well as, there has to be an effort to make accommodations,” she says.
“I haven’t personally heard [of] a situation where somebody is living in a property, and then there’s another tenant, for example, that has an allergy. I’ve never seen it happen where that was enough grounds for the pet to be removed.”
Lastly, Valentine says the landlord may take action to remove your pet if their behaviour becomes too disruptive or aggressive.
“If, for example, the pet is into excessive barking, aggressive behavior, maybe the odor of the pet is affecting other units. If the pet is causing damage, chewing up the doors, baseboards, etc. If the tenant is not controlling the animal and the animal is aggressive, those are the cases where the landlord can file for eviction.”
Overall, Valentine suggests both landlords and tenants alike should refer to the Residential Tenancy Act for any insights on issues related to pets or other tenant rights.
