A “no pet clause” in a lease agreement is a common provision that restricts a tenant from keeping pets in their rented premises. In Ontario, landlords often include this clause in their rental agreements to maintain a standard of cleanliness, hygiene, and orderliness in the building.
However, many pet owners in Ontario are not aware of their rights and the legal implications of such clauses in their lease agreements. The issue of whether or not a landlord can prevent a tenant from having a pet is a complicated one.
According to the Ontario Human Rights Code, landlords cannot discriminate against tenants on the basis of age, gender, religion, and other protected grounds. However, the code does not specifically address the issue of pets in rental units.
The Residential Tenancies Act (RTA) provides some guidance on the issue. The act states that a landlord cannot prohibit a tenant from having a pet, except in certain circumstances. A landlord can include a “no pet clause” in a lease agreement if they live in the same building as the tenant and if the pet may cause damage to the property, disturb other tenants, or create a safety hazard.
If a landlord includes a “no pet clause” in the lease agreement, it is important for tenants to understand that the clause is legally binding. If a tenant violates the clause, the landlord may terminate the tenancy, and the tenant could be evicted.
However, tenants have the right to request an exemption from the “no pet clause” if they need a service animal or if they have a disability that requires the assistance of an emotional support animal. In such cases, the landlord must grant the exemption unless it would cause undue hardship.
In conclusion, the issue of “no pet clause” in lease agreements is a complex one, and tenants should be aware of their rights and the legal implications of such clauses. While landlords in Ontario can include a “no pet clause” in their lease agreements, they cannot discriminate against tenants on the basis of protected grounds, and tenants have the right to request an exemption if they need a service or emotional support animal. It is essential to consult with a lawyer or a legal expert to understand the legal implications of a “no pet clause” in a lease agreement in Ontario.