Renting With Pets in Ontario
Renting with pets in Ontario is a topic that garners a lot of attention. There are times when legislation says one thing but because a landlord says another, confusion arises. It is important to understand the governing legislation, your rights, and how this affects your living situation as a tenant.
There are many reasons why someone might be hesitant to rent to a tenant with pets. One of the most common reasons is that landlords fear that their property will be damaged or destroyed by the animal. Some landlords may also feel like they will have more responsibility when it comes to the care of the animal and may not want to take this on. Others may feel like they need to charge more rent because they know that pet owners will need more space for their animals.
It is important to understand that there are legal differences between renting a unit in an apartment, renting a unit in a condo, and renting a room in a person’s house. This blog will focus on those renting with pets in an apartment. Be sure to confirm if you are indeed renting an apartment unit or a condo unit. Some units advertise as apartments but are really condos, and vice-versa. Since condo owners and renters are governed by the Condominium Act, it is crucial that you verify this distinction.
Thinking you are protected under a certain Act when you aren’t can cause confusion, stress, and loss of time to rectify the situation. Read on to learn more about renting with pets in an apartment.
Can a Landlord Say no to my Pet When Moving in?
Although a landlord may ask you if you have a pet and deny you tenancy because you have a pet, they are not allowed to enforce such a rule once you have signed the lease. Once you officially become a tenant, and they officially become your landlord, you are both protected and governed by the Residential Tenancies Act (“RTA”).
Section 14 of the RTA explicitly states:
“A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.”
(Residential Tenancies Act, 2006, SO 2006, c 17. <http://canlii.ca/t/54r12>)
This means that any tenancy agreement provided to you that prohibits animals in your living space is void. In other words, a landlord cannot refuse your pets in Ontario. As mentioned above however, you are not protected under the RTA until you have signed a lease agreement with your landlord. Therefore, a prospective landlord can deny tenancy to you because you own a pet and simply mask it as their preference.
Even with such legislation in place, landlords may still have you sign your tenancy agreement with a “no pets” clause included. Although it’s included in your signed lease agreement, this specific clause would still be void and therefore unenforceable.
For more information, read our “Can A Landlord Say No Pets” here.
Do I Have to Tell my Landlord if I Get a Pet?
This is a contentious issue for many, depending on who you ask. Although a landlord cannot evict you for getting a pet after you have moved in, the question still remains regarding whether you should provide them with notice out of courtesy. Some have good relationships with their landlord and do not want to soil the relationship, therefore choose to give them a heads up and assurance that their pet will not cause a hassle in the unit. Others may decide not to tell their landlord because they fear their landlord will try to evict them under false pretenses. Others simply decide that their landlord will “find out when they find out”.
It is really up to you as a tenant to decide whether you want to tell your landlord you are getting a pet after you have moved into the unit. Although you are still protected under the RTA and a landlord cannot evict you for having a pet after the fact, there are still exceptions to the legislation.
For one, condominium by-laws may prohibit pets because condo owners are governed by the Condominium Act and as such, rules concerning pets are different. This is why it is important to verify that you are renting a unit in an apartment versus a unit in a condo. Additionally, your landlord can still request the removal of your pet or file a notice to evict you if your pet is:
Causing a severe allergic reaction to the landlord or other tenants
Causing damage to the unit, or
Making an unreasonable amount of noise
These are the reasons outlined in the RTA however, if your animal is a danger to other tenants in the building, you may face the same consequences of pet removal or eviction.
Can a Landlord Ask For a Pet Deposit?
Although it is incredibly common for landlords to ask for a pet deposit, and even reasonable in certain circumstances, this is not enforceable. A landlord cannot force you to pay a pet deposit if you are moving in with your pet or once you’ve gotten a pet. Again however, this is only the case once you’ve actually signed a lease agreement. A landlord can always mask their refusal to rent to you under a variety of other reasons, even if it’s solely because you have a pet.
Section 105(1) of the RTA states:
“The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 106.”
(Residential Tenancies Act, 2006, SO 2006, c 17. <http://canlii.ca/t/54r12>)
Most tenants consider pets to be a part of their family, so it is completely understandable that they want to include them in their moves. However, landlords also feel as though their grievances should be heard because pets can destroy units or even deter other prospective tenants from renting. There have been whispers that legislation to further outline renting rules and protections for both tenants and landlords will be introduced shortly but for now, the RTA is what governs.
