This is a hot topic on the landlord/tenant forums and a source of much controversy. As someone who has a real soft spot for animals, I hear how essential they can be to someone’s life. Having searched for an apartment as a pet owner, I understand how hard it can be to find a willing landlord. On the other hand, as an agent I’ve viewed the damage pets can cause to homes. As a landlord who is risk-averse, I also understand the concern. So this week let’s get into it. When it comes to landlords, tenants, and pets, what are the rules?
Let’s start with conflict surrounding landlords, tenants, and pets during the application process and before a tenancy begins. During the application process the Residential Tenancy’s Act (RTA) has not come into effect yet. According to the Ontario Human Rights Code (OHRC), pets are not a protected human right. Examples of things that are rights include: age, sexual orientation, race, disability, etc. (it should be noted that service animals are an exception and are protected). This means that it’s within the landlord’s discretion to accept or reject applicants with pets. This can get tricky. Since a lot of landlords are worried about the potential damage pets can cause they often indicate “no pets allowed” on adverts. Desperate applicants have been known to omit pet information or lie on applications. It’s not a good situation on either side.
Now let’s go to situations where the tenant has concealed their pet ownership during the application. Say the landlord happens to discover this fact before occupancy but after the lease is signed. The landlord is within their rights (and so is the tenant, FYI) to terminate the lease before occupancy and vacant possession has been provided. What would happen in this case? The answer is that it depends on the documentation. If the landlord used a clause in their Agreement to Lease or contract providing for the opportunity to cancel the agreement with misrepresentation, then they are able to do so free and clear. If they didn’t include such a provision, then the tenant may come after them in smalls claims court for breach of contract. They could pursue damages for reimbursement of emergency housing costs or other costs incurred as a result of the cancelled lease.
What about if the tenant moves in with pets or becomes a new pet owner after occupancy? Once the unit is provided to the tenant in vacant possession with a lease agreement, the RTA takes effect. Pet ownership is now protected under this legislature. This means a landlord cannot file for eviction based on pet ownership even if the tenant wasn’t honest about it. Tricky, tricky right? Now there are a few exceptions to this rule:
- If the home is a condo where the condo corporation does not permit or restricts pets.
- If there are other occupants of the building or home that have shared ventilation and medically documented allergies that are being aggravated as a result of the pet.
So what happens if the pets are causing damage or disturbance? Once tenants enter into a lease they’re bound to refrain from interference with the landlord or other tenants and are responsible for “willful or negligent” damages. The landlord would have to take the tenant to the Landlord Tenant Board (LTB) to apply for eviction or damages during the tenancy. If the tenant vacates or terminates the tenancy and there has been damage, the only possibility is to go to small claims court for damages. A recent ruling by a division court prohibited a landlord from seeking damages in small claims court. They indicated the landlord should have inspected the property before the tenant vacated and gone through the LTB.
The takeaways:
If you’re a landlord – It’s a complicated topic and one should speak with a well-versed paralegal or lawyer if you are in a tricky situation. Know that you do not have a ton of recourse should you not want pets. So, do your due diligence or have an agent do it for you. If you have a property with pets, make sure you inspect it before vacancy in case you need to seek damages.
If you’re a tenant – Honesty is always a good policy to maintain a good relationship. It’s a tough time to find a rental so if you do have pets do everything you can to make the landlord comfortable. Show them pictures and provide a pet reference (maybe from your vet, current landlord, or someone else who can vouch for how sweet and non-destructive Fluffy is). The landlord can’t require an additional deposit beyond the last month’s rent. But there’s nothing stopping you from offering one to put their mind at ease.
