My Tenant Got a Dog — But the Lease Says “No Pets.” Now What?
What Ontario Landlords Need to Know:
Few issues cause more frustration for landlords than discovering that a tenant has brought a pet into the rental unit when the lease clearly says no pets allowed. While many landlords assume the lease clause automatically gives them the right to demand removal of the animal or terminate the tenancy, Ontario law often says otherwise.
Here’s what landlords can — and cannot — do when a tenant gets a dog despite a no-pet clause in the lease.
No-Pet Clauses Are Generally Void in Ontario.
Under section 14 of the Residential Tenancies Act (RTA), any provision in a tenancy agreement that prohibits the presence of pets is void.
This means that, in most residential tenancies:
- A tenant is legally allowed to have a pet
- A landlord cannot evict solely because the tenant gets a dog
- A “no pets” clause in the lease is generally unenforceable
Even if the tenant signed the lease agreeing to the clause, the RTA overrides it.
Important Exceptions: When Pets Can Be Restricted.
Although no-pet clauses are usually void, there are important exceptions where landlords may still take action.
1. Condominium Rules Prohibiting Pets
If the rental unit is part of a condominium corporation that has valid rules or bylaws prohibiting pets or restricting certain animals, those rules do apply.
In these cases:
- The landlord must comply with condominium rules
- A tenant can be required to remove the dog
- Enforcement is possible through the Landlord and Tenant Board (LTB)
The key issue is whether the condo corporation’s rules legitimately prohibit pets, not simply what the lease says.
2. The Dog Is Causing Substantial Interference
Even though pets are allowed, tenants are still responsible for ensuring their dog does not interfere with others.
A landlord may take action if the dog:
- Causes excessive noise (persistent barking)
- Is aggressive or dangerous
- Interferes with the reasonable enjoyment of other tenants
- Creates health or safety concerns
In these situations, a landlord may serve an N5 Notice for interference, damage, or safety
concerns. Importantly, the issue is the behaviour and impact of the dog — not the mere fact
that the tenant owns one.
3. Property Damage Caused by the Dog
If a dog causes undue damage to the rental unit or common areas, the landlord may take
enforcement steps.
Options may include:
- Requiring the tenant to repair the damage
- Serving an N5 Notice if damage continues or is not addressed
- Seeking compensation through the LTB
Normal wear and tear is not enough — the damage must be more than ordinary use.
4. Allergies or Safety Issues in Multi-Unit Buildings
In limited circumstances, serious allergies or safety concerns affecting other occupants may
justify action, particularly in shared spaces.
Each case is highly fact-specific, and landlords must be prepared to show evidence of a real and substantial issue.
What Landlords Should Not Do:
Landlords should avoid:
- Demanding the dog be removed solely due to a no-pet clause
- Changing locks or harassing the tenant
- Threatening eviction without proper legal grounds
- Charging additional “pet deposits” (not permitted in Ontario)
Taking improper action can expose landlords to tenant applications and potential penalties at the LTB.
Practical Steps for Landlords:
If a tenant gets a dog, consider the following steps:
- Confirm whether the unit is subject to condominium rules
- Document any issues (noise complaints, damage, safety concerns)
- Communicate concerns in writing
- Seek legal advice
- Serve the appropriate notice only if legal grounds exist
Final Thoughts:
In Ontario, the law strongly favors tenants when it comes to pets. While this can be frustrating for landlords, enforcement is still possible when a dog causes real problems or violates condominium rules. The key is understanding what the RTA allows — and what it does not.
Knowing the difference can save landlords time, money, and costly mistakes.
