COVID-19 Announcement
RE: ESSENTIAL SERVICES

To Your Defence Paralegal Services is an essential service, available for business, while operating in accordance with Order issued by the Premier of Ontario, and is practicing and encouraging social distancing measures for the safe health of all persons. Learn More [61] Essential services include professional and social services that support the legal and justice system;
[65] Professional services including lawyers and paralegals, engineers, accountants, translators.
Order of the Premier of Ontario | March 23 2020 8:00PM

 


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.

Notice to Evict for renovations document

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.

Exceptions

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.

Summary Comment

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.

To Your Defence serves clients located in Britt, Sundridge, Espanola, Muskoka, Sudbury, as well as many others!

Fill out the form below to Arrange for a Consultation

Do not send confidential information through this website form.  This website is not intended to provide advice specific to your particular circumstances.  Use this website form only to arrange an introduction with a representative to discuss your particular circumstances.  Your IP Address is: 40.121.136.229

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

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 To Your Defence Paralegal Services 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.  Your IP Address is: 18.232.51.69
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