Can a Tenant Be Evicted For Having a Dog?
A Ban On Pets Is Generally Unlawful. A Lease Clause Purporting As a Pet Ban Is Void. However, In Very Specific Situations a Pet Ban May Be Legal.
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 (the "RTA"), 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 RTA 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.
With the above said regarding the s. 14 provision within the RTA that voids a pet ban, a few exceptions to this rule do remain depending on specific circumstances. The exceptions that may allow for a pet ban are found in s. 76 of the RTA where it is stated:
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.
In circumstances where a lease governed by the RTA contains a clause banning a tenant from owning a pet, such a clause is, generally, void and unenforceable with some exceptions. The exceptions involve a pet that poses safety risks, such as a demonstrably dangerous dog, or where the pet is substantially interfering with the reasonable enjoyment or living conditions of others residing within the residential complex, such as excessive dog barking, pets causing allergy issues, among some limited other things. Where the exceptions may apply, a landlord may bring an Application to the Landlord Tenant Board seeking an Order allowing a ban on the troublesome pet.