Are “No Pet” Clauses Enforceable?

Can “No Pet” clauses be included in tenancy agreements?

Yes, a “No Pet” clause may be included in an agreement. However, the Landlord and Tenant Board will not take action against a tenant who has signed such an agreement and keeps a pet in the rental unit.1

For example, tenants signed a lease containing a clause prohibiting pets. The tenants did not tell the landlords they had animals because they believed the landlords would not rent to them if they did.2

Even if the tenant voluntarily agreed not to keep any pets in the rental unit but later changed his or her mind, the landlord could not enforce the “No Pet” clause.3

NOTES

1.     Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 14

A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.

 2.    TSL-29326

It was the evidence before me that the lease signed by the Landlords and Tenants had a clause in it saying that the Tenants were not permitted to have pets. The Landlords were unaware at the time that such a clause is illegal and unenforceable pursuant to section 14 of the Act. The Tenants did not disclose the fact they had animals because they believed the Landlords would not rent to them if they did.

3.    Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 3(1)

This Act applies with respect to rental units in residential complexes despite any other Act, and despite any agreement or waiver to the contrary.

Bookmark the permalink.

2 Responses to Are “No Pet” Clauses Enforceable?

  1. Mike says:

    I have a very big dog. About 175 Lbs. The landlord said that its to big to keep eve-though he said I could keep a pet. Now he is asking me to give it away or send it to the SPCA

    What should I do?

    Mike

Leave a Reply