Renting with pets? There are legal rights and responsibilities for both tenants and landlords. Below are some rules you should know before entering into a rental agreement.
1. The Ontario’s Residential Tenancies Act does not permit landlords to include “no pet” clauses in rental agreements unless the property is a condominium and the condominium corporation prohibits pets. Many condo corporations have a pet restriction on how many pets are allowed, types of pets and the maximum weight of a pet. A landlord should verify this with the property manager of the condo to ensure there are no violations when a tenant does enter the unit with a pet.
2. A landlord can refuse to rent to a person who has a pet. Until a person actually enters into a rental agreement, the person and their pets are not protected.
3. A landlord cannot evict a tenant because they were unaware of a pet, or if the pet came after the tenant moved in.
4. A tenant can only be evicted if a pet is making too much noise, caused extensive damage to the unit (beyond wear and tear, which is why it is a good idea to do a walk through of the property before moving in, take photos as proof) allergic reaction to others, or is considered to be dangerous. In these cases, the landlord must apply to the Landlord and Tenant Board for an order terminating the tenancy before they can evict the tenant and pet.
5. A landlord is not allowed to charge a pet deposit. A landlord is allowed to ask for a last month’s rent deposit, as well as a key deposit. The rent deposit must only be applied to a tenant’s last month’s rent and the key deposit must be given back to the tenant once the keys have been returned to the landlord. The key deposit cannot exceed the amount that it would cost to replace the keys, fobs, garage door opener, etc. So if it costs $100 to replace all keys, the landlord cannot ask for a $200 deposit. The landlord cannot use any deposit for anything else, such as to pay for damage caused to the unit by people or pets.
Stay informed on your rights as a tenant or landlord regarding pets. Contact the Landlord and Tenant Board 1-888-332-3234 or in the Toronto area 416-645-8080
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