Can a Tenant Be Evicted Over a Pet?

Why "no pets" clauses are generally unenforceable

Many Ontario tenancy agreements still include a "no pets" clause, and many tenants assume that signing a lease with such a clause means they've given up the right to ever have a pet. Under the Residential Tenancies Act, 2006, that assumption is generally incorrect. A provision in a tenancy agreement that prohibits animals in the unit is generally void and unenforceable, meaning a landlord generally cannot rely on the mere existence of a pet, by itself, as grounds to end a tenancy, even if the lease says otherwise.

This surprises a lot of people on both sides. Landlords sometimes genuinely believe a no-pets clause gives them the right to refuse or terminate over a pet; tenants sometimes avoid getting a pet entirely out of a mistaken belief that the lease controls the question outright. The reality is more nuanced: the clause itself doesn't work, but that doesn't mean a pet can never become a legitimate issue in a tenancy.

When a pet can actually matter to a tenancy

While the mere presence of a pet generally isn't grounds for eviction, that protection doesn't extend to problems the pet actually causes. If a pet causes substantial damage to the unit, creates a genuine allergy or safety issue for another tenant in a multi-unit building, or becomes a source of ongoing noise or mess that substantially interferes with the reasonable enjoyment of others, those consequences can become relevant under the RTA's existing eviction grounds — not because having a pet is itself prohibited, but because the pet's effects overlap with conduct the RTA already addresses.

This is a subtle but important distinction. The RTA doesn't ask "is there a pet," it asks "has there been damage, interference, or another recognized problem" — and a pet can certainly be the cause of any of those, just as a person's own conduct could be.

How an N5 can apply to pet-related problems

The most common vehicle for addressing a genuinely problematic pet is an N5, Notice to End a Tenancy Early for Interfering with Others, Damage, or Overcrowding. If a dog's persistent barking substantially interferes with other tenants' reasonable enjoyment of the building, or a pet causes real, undue damage to the unit, a landlord may be able to serve an N5 on those specific grounds — the same way they could for human-caused noise or damage. For a first occurrence, this generally comes with the same opportunity to correct the problem within 7 days that applies to other N5 grounds, meaning a tenant who addresses the behaviour (for example, through training, a vet consult, or repairs) may be able to void the notice.

What a landlord generally cannot do is serve a notice that's really just "you have a pet and the lease says no pets" dressed up as something else. An N5 served without an actual, specific incident of damage or interference to point to is unlikely to hold up if challenged.

Condo and municipal rules are a separate layer

Pet issues get more complicated in condominium buildings, where the condo corporation's own declaration, rules, or bylaws may restrict certain animals, sizes, or breeds, separate from the tenancy agreement between landlord and tenant. A landlord renting out a condo unit can sometimes be caught between RTA protections for the tenant and obligations the landlord owes to the condo corporation under a different legal framework entirely. Municipal bylaws can add another layer still, particularly around specific breeds or the number of animals permitted per household. None of these additional layers change the basic RTA principle that a private lease's no-pets clause is unenforceable, but they can create separate, legitimate restrictions that operate independently of the tenancy agreement.

Why service animals are treated differently

Service animals and animals needed because of a disability occupy a distinct category entirely, protected under the Ontario Human Rights Code rather than, or in addition to, the RTA's general pet provisions. A landlord generally cannot refuse or restrict a legitimate service or support animal the way they might otherwise try to manage pet-related concerns, and doing so can raise a human rights issue separate from anything in the tenancy itself. This is worth flagging because it means the "no pets clauses don't work anyway" principle isn't actually the main protection in these cases — human rights law provides an independent and often stronger layer of protection.

What a landlord can actually do about a problem pet

A landlord genuinely dealing with damage, noise, or safety concerns caused by a tenant's pet generally has the same tools available as for any other source of interference or damage: document the specific incidents, communicate the concern clearly and in writing, and, where the conduct meets the threshold, consider an N5 (or, for more serious and repeated harm, potentially an N7) grounded in the actual facts rather than the pet's existence alone. Keeping a clear incident log — dates, descriptions, any complaints from other tenants, and photos of any damage — generally strengthens whatever notice ultimately gets served.

What a tenant can do if challenged over a pet

A tenant challenged purely on the basis of a no-pets clause generally has a strong footing to point out that such clauses are void under the RTA. Where the challenge instead involves an actual incident — a complaint about noise, alleged damage, or a claimed allergy from another occupant — the better response is usually to address the specific facts: correcting a behavioural issue, repairing any damage promptly, or seeking advice if the claim seems exaggerated or unsupported. Documenting efforts made to address a legitimate concern, with dates, can matter considerably if a notice is served and later needs to be challenged or voided.

Practical takeaways for both sides

The throughline across all of this is that Ontario law generally separates "having a pet" from "a pet causing a problem." The first is generally protected regardless of what the lease says; the second can become a legitimate basis for action under the RTA's existing notice framework, just as it would for any other source of damage or interference. Both landlords and tenants are generally better served focusing on the actual, specific facts of any incident rather than treating the lease's pet clause as the final word either way.

Prospective tenants sometimes ask whether it's worth disclosing a pet before signing a lease that includes a no-pets clause, given that the clause itself is generally unenforceable. Being upfront tends to avoid unnecessary friction later, even though the clause wouldn't likely hold up if challenged, and it gives both sides a chance to discuss any building-specific or condo-level restrictions that might genuinely apply before move-in rather than after a dispute has already started.

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Reviewed by Ryan J. Manilla, BA, JD

Legal Reviewer · Landlord Tenant Ontario