Are Pets Allowed In An Apartment Building?

Despite Contrary Terms Within a Lease, Tenants Are Allowed to Possess Pets Within a Residential Premise. The Exceptions Are Where the Pet Poses a Safety Risk or Unreasonably Interferes With Others. A Landlord is Permitted to Inquire About Pets.

A Helpful Guide For How to Determine and Understand Whether a Pet Ban Is Legal and Enforceable

Residential Lease Agreement

A lease clause purporting as a pet ban is unlawful and nullified for being contrary to section 14 of the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17, which explicitly states that a pet ban is void. Accordingly, and despite that a tenant may have signed a lease containing such a clause, a 'pet ban' is generally unlawful and unenforceable. Specifically, the Residential Tenancies Act, 2006 states:

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

Exceptions

However, and regardless of the section 14 provision within the Residential Tenancies Act, 2006 voiding a pet ban, exceptions are possible in a few specific situations. The possible exceptions that may be available that would allow for a valid pet ban are provided in section 76 of the Residential Tenancies Act, 2006 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.

(2) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference.

(3) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction.

As per the above exception rules, a pet may be banned if the pet is demonstrated as causing damage to property or causing disruption and interference to others living within the residential complex.  Furthermore, where a law, such as a municipal bylaw, or other legal mandate explicitly permits the banning of pets, or where the tenancy is within a condominium corporation that restricts pet ownership as stated within the Condominium Declarations a landlord may be able to ban a pet.

Summary Comment

Generally, where a tenancy is governed by the Residential Tenancies Act, 2006 and a lease clause purports as a pet ban, such a clause is void and unenforceable. Some exceptions do exist. The possible exceptions include specific situations where a pet is shown as posing a safety risks such as a demonstrably dangerous dog, or where the pet is shown as substantially disruptive to others due to prolonged excessive barking or other interference to the living conditions and reasonable enjoyment of others. Allergy issues may also be a genuine concern. To obtain an Order granting an exception, a landlord must apply to the Landlord Tenant Board.


To Your Defence provides affordable services for clients located in Britt, Bala, Nickel Belt, Parry Sound, Paget, among other places!

Get a FREE ½ HOUR CONSULTATION

Do You Have a Case? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to To Your Defence

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a To Your Defence representative.
Mailing Address

Post Office Box 99
Britt, Ontario,
P0G 1B0

P: (705) 346-4644
E: info@toyourdefence.com

Meeting Location

1500 Paris Street, Unit 13
Sudbury, Ontario,
P3E 3B8

P: (705) 346-4644
E: info@toyourdefence.com

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.

Providing Legal Help within these Areas and More:

Among other areas in Ontario, Canada

To Your Defence
Paralegal Services

SSL Secured
Trust https://toyourdefence.com


Animated Spinner