Can a landlord in Ontario refuse to rent to someone simply because they have a pet? It's one of the most common questions I hear from landlords.
The Short Answer is NO.
The more accurate answer is: During the application process, landlords are generally free to evaluate all applicants and choose the applicant they wish to rent to. However, it's generally not advisable to state that an applicant was rejected specifically because they have a pet.
During the Application Stage
Here's an important point that many landlords overlook. If you decide not to move forward with an applicant who has a pet, avoid sending a text or email saying, "We're rejecting your application because you have a pet."
Instead, a simple response such as: After reviewing all applications, the landlord has decided to move forward with another applicant."
Or "The landlord has decided to continue reviewing other applications." is generally a better approach.
As a real estate agent, I often don't know every factor that influenced a landlord's final decision, and that's perfectly normal.
If there is a legitimate reason, such as someone living in the property having a severe allergy to cats or dogs, you can truthfully explain that the property is better suited for a household without pets. However, you should never invent an allergy or another reason simply to justify rejecting an application.
After the Lease Agreement Is Signed
Once a lease has been signed, the situation changes significantly.
Under Ontario's Residential Tenancies Act, a "No Pets" clause in a standard residential lease is generally unenforceable.
In other words, even if the lease says "No Pets," a tenant who later gets a cat or dog generally cannot be evicted solely because they have a pet.
Important Exceptions:
There are, however, some important exceptions.
For example:
- The condominium corporation has valid rules restricting or prohibiting pets.
- The pet causes serious allergy issues for other residents.
- The pet is dangerous, repeatedly disturbs other residents, or causes significant property damage.
Can a Landlord Charge a Pet Deposit?
Another question I hear all the time is: "Can I charge a pet deposit to reduce my risk?"
After all, some tenants have excellent credit and income, but before they move in, there's no way to know whether their pet might scratch the walls, chew the stairs, or damage the flooring.
The answer is generally no.
In Ontario, landlords may generally collect only a last month's rent deposit and a reasonable, refundable key deposit. Pet deposits, cleaning deposits, and damage deposits are generally not permitted.
What If the Pet Damages the Property?
If a pet causes damage to the property, the tenant is still responsible for that damage.
If the damage goes beyond normal wear and tear, the landlord may pursue compensation through the appropriate legal process.
The Best Way to Reduce Risk
For landlords, the best way to reduce risk isn't by charging a pet deposit. It is by thoroughly screening tenants before signing the lease.
That includes:
- Verifying the tenant's credit, income, and rental history.
- Contacting previous landlords to ask about both the tenant and their pet, if applicable.
- Completing a detailed move-in inspection with photos and videos documenting the property's condition.
One Important Human Rights Exception
There is one more point that's very important.
If the situation is protected under the Ontario Human Rights Code. For example, if a tenant requires a service dog or another disability-related assistance animal, you cannot simply treat that animal as an ordinary pet. Different legal considerations apply.
Key Takeaways
So, to summarize:
- During the application stage, landlords are generally free to choose which applicant they wish to rent to, but it's best not to state that "having a pet" is the reason for rejecting an application.
- Once a lease has been signed, a standard "No Pets" clause is generally unenforceable in Ontario.
- Pet deposits are generally not permitted.
- The best protection for landlords is careful tenant screening before signing the lease, not relying on pet restrictions or pet deposits.
Disclaimer: This article is intended for general informational purposes only and should not be considered legal advice. If you have questions about a specific situation, consult a qualified Ontario paralegal or lawyer.
Have a rental property and planning to lease it this summer? Feel free to call or text The Fisher Group at 647-598-8488. We'd be happy to help you find the right tenant and make the leasing process as smooth as possible.
