Landlord and Tenant Issues

Can an Ontario landlord evict you for having a pet?

Last updated October 7, 2026.

Not just for having one. A clause in an Ontario lease that bans animals is void, so owning a pet is not, by itself, a reason to end a tenancy. A landlord can ask the Landlord and Tenant Board (LTB) to evict only if an animal has substantially interfered with others, caused a serious allergic reaction, is of a species or breed that is inherently dangerous, or caused undue damage.

These rules come from sections 14 and 76 of the Residential Tenancies Act, 2006, and they apply to most rentals in Hamilton and the rest of Ontario. Condominium rules and the Human Rights Code can change the picture, as explained below. For help with a notice you received or one you plan to give, our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal, handles LTB matters.

How does a pet dispute work in Ontario, step by step?

A landlord cannot simply order a pet out. The process has the same steps as any eviction for cause, with an extra test for animals.

The no-pet clause drops out. Section 14 says a provision in a tenancy agreement "prohibiting the presence of animals in or about the residential complex is void." That is true even if the tenant signed it. The government's guide to the standard lease lists "do not allow pets" as an example of a term that cannot be enforced, and our page on the standard lease explains how void terms work generally.
A problem has to exist. The landlord needs a ground for ending the tenancy that the Act recognises, such as substantial interference with the reasonable enjoyment of the landlord or other tenants (s. 64), undue damage (s. 62), or a serious impairment of safety (s. 66).
The landlord gives a written notice on the LTB form. For interference or damage, that is usually Form N5, which the LTB updated on September 21, 2026; older versions will not be accepted after November 30, 2026. A first N5 gives a termination date at least 20 days away and must tell the tenant what to do within seven days to fix the problem (s. 62(2), s. 64(2)). Our page on the N5 notice and the seven days to fix it walks through that form.
The tenant has seven days to void the notice. If the tenant stops the conduct, or repairs or pays for the damage, within seven days, the first N5 is void (s. 62(3), s. 64(3)). For a pet, that might mean ending the barking, keeping the animal out of shared areas, or paying the repair cost set out in the notice.
A second notice is harder to escape. If the problem happens again more than seven days but less than six months after the first N5, the landlord can give a second notice with at least 14 days' notice, and it cannot be voided (s. 68).
The landlord files an L2 application. The LTB's N5 instructions say the landlord must apply no later than 30 days after the termination date in the notice. The fee is $201, or $186 through the Tribunals Ontario Portal.
At the hearing, the animal test applies. Where the case is about an animal, the Board cannot order an eviction unless it is satisfied that the tenant keeps an animal and that one of the three conditions in section 76(1) is met. It must also review all the circumstances and decide whether to refuse or delay the eviction (s. 83). Our guide on how long an eviction takes covers the timeline from notice to order.

When an animal can and cannot lead to an eviction in Ontario
Situation	Can it support an eviction?	Rule
Lease says "no pets" and the tenant has a quiet, well-kept cat	No. The clause is void	RTA s. 14
Dog barks for hours and other tenants' reasonable enjoyment is substantially disturbed	Possibly, if the tenant does not fix it within seven days of a first N5 and the Board finds this animal contributed	RTA s. 64, 76(1)(a), 76(2)
Another tenant or the landlord has a serious allergic reaction to the animal	Possibly, unless the Board is satisfied the tenant's animal did not cause or contribute to it	RTA s. 76(1)(b), 76(3)
The species or breed is inherently dangerous to the landlord or other tenants	Possibly	RTA s. 76(1)(c)
Animal causes undue damage to the unit or building	Possibly, unless repaired or paid for within seven days of a first N5	RTA s. 62, 34
Condo unit and the condominium's rules restrict pets	The tenant must follow the condo rules; disputes can still end up at the LTB	Condominium Act, 1998, s. 119; standard lease guide
Landlord charges a pet deposit or pet fee	No. The charge itself is illegal	RTA s. 134; standard lease guide

What changes the answer?

Which of the three animal grounds is claimed. For interference, the Board looks at whether the past behaviour of an animal of that species substantially interfered with others (s. 76(1)(a)), and will not evict if satisfied the tenant's own animal did not cause or contribute (s. 76(2)). The allergy ground works the same way (s. 76(3)). The dangerous-animal ground turns on the species or breed itself (s. 76(1)(c)).
Whether the tenant fixed the problem in time. A first N5 based on interference or damage is void if the tenant corrects the problem within seven days. A second notice within six months cannot be voided (s. 68).
The size of the building and where the landlord lives. A landlord who lives in a building with three or fewer units can use a shorter notice for interference with the landlord's own enjoyment, and that notice cannot be voided (s. 65; N7 form). Wilful damage also has a faster route (s. 63).
Condominium rules. In a condo, the Condominium Act, 1998 requires every occupier of a unit to comply with the declaration, by-laws and rules (s. 119(1)), and makes the owner take reasonable steps to ensure the occupier does (s. 119(2)). The government's guide to the standard lease notes that a landlord can require a tenant to follow condo rules, "which may prohibit certain pets."
Disability and the Human Rights Code. The Code defines disability to include "physical reliance on a guide dog or other animal" (s. 10(1)) and protects equal treatment in housing (s. 2(1)). The Code takes priority over the Act (RTA s. 3(4)), and the LTB's Interpretation Guideline 17 says the Board must consider whether a landlord has accommodated a tenant to the point of undue hardship. A tenant who relies on an animal because of a disability should raise that early.
Relief from eviction. Even when a ground is proven, the Board must consider whether to refuse the eviction or delay it (s. 83). Since September 21, 2026, a delay without the landlord's agreement requires that it not be unfair to the landlord or other tenants and that there be compelling reasons. The Board can also attach fair conditions to an order (s. 204(1)), such as conditions about how an animal is kept.

What might this look like? A worked example

For example, imagine a Hamilton tenant named Leila who lives in a 20-unit building with her dog, Biscuit. Her lease has a no-pet clause. For months nothing happens. Then Biscuit starts barking for long stretches while Leila is at work, and two neighbours complain to the property manager in writing.

The landlord's first instinct is to write "Remove the dog per your lease." That letter has no legal force, because the no-pet clause is void. Instead, the landlord serves a current N5 describing the barking, the dates and the neighbours affected, and says what Leila must do within seven days: stop the noise. Leila arranges for a dog walker at midday, keeps Biscuit in a quieter room, and the complaints stop. The first notice is void, and the landlord cannot apply to evict on it.

Now change one fact. The barking returns three months later. The landlord can give a second notice under section 68 that Leila cannot void, and file an L2. At the hearing, the landlord must show that Biscuit's behaviour substantially interfered with other tenants. Leila can bring her own evidence of the steps she took, and the Board will consider whether eviction is fair in all the circumstances or whether conditions would solve the problem. The outcome depends on the evidence; there is no automatic result either way.

What mistakes do landlords and tenants make about pets?

Relying on the no-pet clause. Landlords sometimes give notice simply because a pet exists. Without interference, allergy, danger or damage, there is no ground, and an application based on the lease clause alone will fail.
Tenants ignoring an N5. The seven-day window is the tenant's strongest protection. Doing nothing turns a fixable complaint into an eviction hearing.
Vague notices. An N5 that does not describe the dates, the conduct and what the tenant must do to correct it is open to challenge. The LTB's instructions ask landlords to be as specific as possible.
Charging a pet deposit as a compromise. A pet fee or deposit is an illegal charge under section 134, even if the tenant offers to pay it. Our page on deposits and fees landlords can charge explains how a tenant can recover it within one year.
Using pressure instead of process. Threats, repeated unannounced visits or changing locks to force a pet out can lead to a tenant application for harassment or interference, explained on our page about landlord harassment and the T2.
Overlooking a disability. Where a tenant relies on an animal because of a disability, a landlord who ignores the Human Rights Code risks having the eviction refused.

What should you do this week?

Tenants: read any notice you received and check whether it is an official LTB form, which reason it gives, and the seven-day deadline to correct the problem.
Write down what you have done or will do to address the complaint, with dates, and keep receipts for any repairs.
If you rely on your animal because of a disability, gather supporting information and tell the landlord in writing that you are asking for accommodation.
Landlords: collect written complaints, dates, photos and any medical information about allergies before giving notice, and use the current N5 form.
If the unit is in a condo, get a copy of the condominium declaration, by-laws and rules and check what they say about pets.
If a hearing is scheduled, consider whether a mediated agreement with clear conditions could settle it.

Many pet disputes settle with written conditions about how the animal is kept, and our page on mediation at the Landlord and Tenant Board explains what a mediated agreement can contain. If you live in Hamilton, our page on the Landlord and Tenant Board for Hamilton rentals covers the local side of a hearing.

Frequently asked questions

Can a landlord refuse to rent to me because I have a pet?

Section 14 voids a no-pet term in a tenancy agreement; it does not speak to how a landlord chooses tenants before a tenancy exists. If the refusal is linked to a disability, such as reliance on a guide dog, the LTB's Guideline 17 points people to the Human Rights Tribunal of Ontario, where an application is generally due within one year (Code s. 34).

Can my landlord charge a pet deposit or monthly pet fee?

No. A pet deposit or fee is not one of the charges the regulation permits, and the government's guide to the standard lease names it as an unenforceable term. A tenant can apply to the LTB for its return within one year of paying.

Does a condo's no-pet rule apply to tenants?

Yes. Occupiers of condo units must comply with the condominium's declaration, by-laws and rules, and a landlord can require a tenant to follow them. That is different from a no-pet clause in an ordinary lease, which is void.

Can I get a second pet after moving in?

A no-pet clause cannot stop you, but the same three animal grounds and the damage rules apply to every animal you keep. If your unit is in a condo, check the condo rules first.

Will the Board order me to give up my pet instead of evicting me?

The Board can include whatever conditions it considers fair in an order (s. 204(1)), and it must consider whether to refuse or delay an eviction (s. 83). What it orders depends on the evidence in your case.

What if a roommate or subtenant is the one with the pet?

The notice grounds cover conduct of the tenant, another occupant, or a person the tenant permits in the building (s. 64(1)), so the tenant can receive the N5. During an approved sublet the tenant stays liable to the landlord for breaches (s. 97(4)), which our page on subletting and assignment in Ontario explains.

Who pays if my pet damages the unit?

The tenant is responsible for repairing undue damage caused by the tenant, an occupant or a guest (s. 34), and a landlord can claim the cost. Paying or repairing within seven days of a first N5 based on damage voids that notice.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.