Ontario Pet Clause for Landlords: What You Can and Can’t Enforce
Most Ontario landlords have heard that “no pets” clauses are illegal. Fewer understand what that actually means in practice — or what they can do instead. The answer is more useful than many landlords expect: while a blanket prohibition is void, a well-drafted pet clause that addresses damage liability, cleaning obligations, and specific restrictions tied to legitimate grounds is entirely enforceable at the LTB.
Here’s exactly where the line is and how to write a clause that sits on the right side of it.
What Section 14 of the RTA Actually Says
Section 14 of Ontario’s Residential Tenancies Act, 2006 states that any provision in a tenancy agreement that prohibits the presence of animals in or about the residential complex is void. It doesn’t matter that both parties signed it willingly. It doesn’t matter that it was drafted by a lawyer. A blanket “no pets allowed” clause has no legal effect in Ontario, and the LTB will not enforce it.
This is one of the most important gaps in Form 2229E to understand clearly, because the standard lease says nothing useful about pets at all. There’s no pet section, no damage liability provision, no cleaning obligation — nothing. A landlord who relies on a signed “no pets” checkbox and nothing else has essentially no contractual protection if a tenant moves in a dog and the hardwood ends up destroyed.
What Section 14 does not do is eliminate all pet-related recourse. It voids the prohibition. It does not void clauses that address the consequences of pet ownership — damage liability, professional cleaning requirements, breed or size restrictions tied to building-specific grounds. That distinction is where your lease protection actually lives.
The Condo Exception: Where “No Pets” Is Enforceable
Before going further, one critical exception: if your rental property is a condominium unit, the condo corporation’s rules take precedence over Section 14. Under Ontario’s Condominium Act, 1998, a condo corporation’s declaration or rules prohibiting pets are binding on all residents, including tenants. Section 14 of the RTA voids lease provisions, not condo declaration provisions.
If your condo building prohibits pets in its declaration, you can and should include that restriction in your lease by referencing the condo corporation’s rules directly. Attach a copy of the relevant condo rules to the tenancy agreement. This is a legitimate and enforceable restriction — it just derives its authority from the Condominium Act, not the RTA.
What Ontario Landlords Can Enforce Regarding Pets
Even outside of condo situations, landlords have meaningful options. The RTA voids the prohibition, not the protection. The following types of pet-related terms are legally valid and LTB-enforceable when properly drafted into a Section 15 addendum:
Damage Liability
A clause stating that the tenant accepts full financial liability for any damage caused by their pet — including damage to flooring, baseboards, walls, HVAC filters, and yard areas — is enforceable. The key is connecting the clause to the tenant’s existing obligation to repair damage beyond normal wear and tear, which is already established in the RTA. Your clause adds specificity: it names pets as a source of damage liability and defines what kinds of damage are included.
Professional Cleaning at Tenancy End
You can require that a tenant with a pet arrange professional cleaning of carpets, upholstery, and HVAC systems at the end of the tenancy. This is not a deposit — it is a contractual obligation triggered by the presence of a pet. The clause should specify that this cleaning is mandatory regardless of the unit’s apparent condition, because pet dander and odour may not be visible but can cause allergic reactions for subsequent tenants.
Flea Treatment
A specific flea treatment requirement — professional extermination of the unit at the end of the tenancy if a flea-bearing pet resided in the unit — is a reasonable and enforceable term. Flea infestations transfer to subsequent tenants and can be expensive to remediate. The clause should name this explicitly rather than rolling it into a general cleaning requirement.
Breed or Size Restrictions Tied to Insurance
A clause restricting specific dog breeds is enforceable only if tied to a documented legitimate reason, such as your landlord insurance policy or building insurer’s exclusions. Broad “dangerous breed” restrictions with no connection to a specific policy requirement are more vulnerable at the LTB. Get your insurance policy’s restricted breed list in writing and reference it in the clause. This grounds the restriction in a business necessity, not an arbitrary preference.
Allergy and Safety Grounds
If another existing tenant in the building has a documented allergy to a specific animal, or if a pet poses a genuine safety risk to other residents, those are recognized grounds for restricting a specific animal — not pets generally. These situations are handled case-by-case through N5 notices (discussed below) rather than upfront lease clauses.
Banning Pets vs. Managing Pet Risk: The Practical Difference
The mindset shift that protects you most is this: instead of trying to keep pets out, build a lease that makes the tenant fully financially responsible for every pet-related cost from day one.
A clause that says “no pets” accomplishes nothing enforceable. A clause that says “if you have a pet, here is exactly what you are financially responsible for, in writing, and you have acknowledged it by signing this document” accomplishes quite a lot.
This is what enforceable pet restrictions actually look like — not a prohibition, but a comprehensive liability framework. When a tenant moves in with a Labrador and the hardwood ends up gouged, your path to compensation at the LTB depends on whether that liability was documented in the signed lease. If it was, you file an L10 application after the tenancy with your before-and-after evidence. If it wasn’t, you’re arguing that generic wear-and-tear rules should somehow cover pet-specific damage — a much harder case.
Clause Language That Holds Up at the LTB
Your pet clause should be drafted as part of a signed addendum attached under Section 15 of Form 2229E, signed at the same time as the main lease. The clause should include the following elements:
1. Define the pet(s) specifically.
If you’re permitting a specific pet, name it — species, breed, approximate weight. “One dog, approximately 25 lbs” is more defensible than “pets allowed.” This prevents the tenant from adopting a second pet and claiming permission was open-ended.
2. State that damage by the pet is the tenant’s liability.
Use clear language: the tenant accepts full financial responsibility for any damage caused to the rental unit, common areas, or property by their pet, including but not limited to scratches to flooring, holes or staining in walls, damage to yard areas, and odour remediation. State explicitly that this damage is not normal wear and tear.
3. Require professional carpet/floor cleaning and flea treatment at move-out.
State that the tenant must provide receipts for professional carpet cleaning (if applicable), floor treatment, and flea extermination completed within 5 days of the tenancy end date. Specify a named service type if relevant (e.g., hot water extraction, not just vacuuming).
4. Reference insurance restrictions, if applicable.
If your insurance policy restricts certain breeds, state that the tenancy agreement is conditional on the pet not being an excluded breed under the landlord’s insurance policy, and list the relevant breeds by name.
5. State that acquiring additional pets requires written landlord consent.
The clause should specify that permission is granted for the pet(s) named only, and that acquiring additional animals requires prior written consent. Without this, permitting one pet is often interpreted as permitting all future pets.
The Ontario Landlord Protection Addendum + Kit includes a fully drafted pet liability clause covering all of the above, ready to attach under Section 15 of Form 2229E.
What to Do When a Pet Is Causing Problems Mid-Tenancy
If a tenant’s pet is causing damage, disturbing neighbors, or violating a specific restriction in your lease, your tool is the N5 notice (Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding).
An N5 can be served for:
- Wilful or negligent damage to the rental unit caused by the tenant or their pet
- Unreasonable noise (persistent barking affecting other tenants’ reasonable enjoyment)
- Interference with other tenants due to the pet (allergen complaints with documentation)
The first N5 is voidable — the tenant has 7 days to address the problem. If they correct the issue and maintain compliance for 6 months, the notice is voided. If they don’t correct it within 7 days, you can file an L2 application. A second N5 within 6 months is non-voidable, allowing you to proceed directly to an L2.
Note: An N5 based on pet issues does not remove the pet retroactively during the tenancy. The remedy available at the LTB is typically an order for the tenant to correct the behavior, compensation for damage, or in serious cases, termination of the tenancy. The LTB will consider whether the issue was documented, noticed, and given a reasonable opportunity to be corrected.
Pet Damage Documentation Checklist
Your compensation claim after a tenancy lives or dies on this documentation. Collect and retain the following:
Before Move-In
- Move-in condition inspection report signed by both parties, with dated photographs of every floor surface, baseboard, wall, and yard area
- Written identification of the specific pet(s) permitted, with signed acknowledgment from the tenant
- Signed pet liability clause in the Section 15 addendum
During the Tenancy
- Written records of any pet-related complaints received from neighbors
- Copies of any N5 notices served regarding pet behavior, with proof of delivery
- Dated photos taken during properly noticed entry visits if damage was observed
At Move-Out
- Move-out condition inspection report signed by both parties, with dated photographs matching the same areas documented at move-in
- Written notes on any odour observations (note specific rooms and areas)
- At least two written quotes from professional cleaning and restoration companies, itemizing each service and connecting it to the damage observed
- Paid invoices if remediation was completed before filing
When Filing the L10 Application
- Side-by-side move-in/move-out photo comparison clearly labeled with dates
- Copy of the signed pet clause from the addendum
- All remediation quotes and invoices
- Any N5 notices served during the tenancy as supporting evidence of documented problems
The L10 application window is one year from the date the tenancy ended. File before that deadline — extensions are not routinely granted. This documentation process mirrors what’s needed more broadly for documentation needed at the LTB, which covers all damage and compensation scenarios beyond just pets.
Frequently Asked Questions
Can I charge a pet deposit in Ontario?
No. Ontario law permits only one deposit: the last month’s rent deposit. Any additional deposit — whether labeled a pet deposit, damage deposit, or cleaning deposit — is an illegal charge under Section 134 of the RTA. Your protection comes from a liability clause, not from holding money upfront. If you charge an illegal deposit, a tenant can apply to the LTB for repayment plus interest.
Can I evict a tenant solely because they got a pet without my permission?
Not automatically. Section 14 voids the underlying prohibition, so a “no pets” clause isn’t enforceable on its own. However, if your lease specifically permits only named pet(s) and requires written consent for additional animals, a tenant acquiring an unauthorized pet may be in breach of a material lease term. That’s an N5 situation — you’d need to document the breach and follow the N5 process rather than expecting automatic eviction.
My tenant has a service animal. Does my no-pets clause apply?
No. Service animals used by persons with disabilities are protected under the Human Rights Code, which takes precedence over any lease provision. You cannot apply a no-pets clause to a licensed service animal, and attempting to do so creates significant human rights liability. This applies regardless of whether your building is a condo with pet restrictions.
What if the damage happened gradually and I can’t prove exactly when?
A clear before-and-after comparison is your best evidence even when damage accumulated over time. If your move-in photos show pristine floors and your move-out photos show claw gouges throughout, the cause-and-effect argument is clear. The LTB will assess reasonableness — they understand that flooring damage from a large dog doesn’t happen in one incident.
Should I use a separate “pet agreement” or include it in the main addendum?
Either works procedurally, provided it’s signed at the time of the original lease signing and referenced in Section 15. A separate pet agreement can be cleaner if you want to add pets after the lease is already signed — but any terms added mid-tenancy require the tenant’s voluntary agreement. Building the pet clause into the main Section 15 addendum at the start of the tenancy is simpler and more defensible.
Section 14 of the RTA closes one door — the blanket prohibition — but leaves several others open. A landlord who understands what they can enforce is in a far stronger position than one who assumes pets are an unmanageable risk. Put the liability in writing before the keys change hands, document the unit’s condition at move-in, and your options at the LTB are real and meaningful. The Ontario Landlord Protection Addendum + Kit includes a fully drafted pet liability clause as part of a complete Section 15 addendum package — so you’re covered from the day the tenancy begins.
This article is for informational purposes only and does not constitute legal advice.
