My landlord refused my pet: what you can do in Canada

A refusal means different things in different provinces, and the first job is to work out which kind you have. In most of Canada a landlord is allowed to say no to pets. In Ontario, a “no pets” clause in a lease is void, but a landlord can still turn down an applicant. And everywhere, human rights law can change the answer where a disability is involved.

First, where are you in the process?

• You are applying for a place. In every province we cover, Ontario included, a landlord choosing between applicants can choose one without a pet. Having a pet is not a protected ground under human rights law. A disability-related need can be, and that is covered below. Otherwise this is persuasion, not law.
• You already rent and want to get a pet. Outside Ontario, if your lease or the landlord’s written rules say no pets, getting one anyway is a breach and can put your tenancy at risk. In Ontario the lease clause is void, but a condo’s rules are a different matter.
• You already have a pet and the landlord objects. Start with what your lease and any written rules say about pets, then read the section for your province below.

Ontario: the clause is void, the condo rules are not

Section 14 of the Residential Tenancies Act says a provision in a tenancy agreement prohibiting animals is void. If you are already a tenant, a landlord cannot end your tenancy simply because you have a pet.

A landlord who wants to end a tenancy because of an animal has to apply to the Landlord and Tenant Board, and section 76 limits the Board to three grounds: substantial interference with other people’s enjoyment of the building, a serious allergic reaction in the landlord or another tenant, or a species or breed that is inherently dangerous. Damage is dealt with separately, as it would be for any tenant.

Two limits. Section 14 is about lease terms, so it does not help an applicant. And it says nothing about a condominium’s declaration, by-laws or rules, which occupiers, tenants included, must follow under the Condominium Act. Disputes about condo pet rules go to the Condominium Authority Tribunal. There is more in our guides to the Ontario no-pets clause and condo and strata rules.

British Columbia, Alberta, Manitoba and Nova Scotia: a landlord can say no

In these provinces a lease or a landlord’s rules can rule out pets, or limit their size, kind or number. A refusal without a reason is usually lawful. So the useful questions are practical ones.

Is the no coming from the landlord, or from the building? In a British Columbia strata, tenants are bound by the strata’s bylaws and rules. In an Alberta condominium, the corporation can give a tenant who breaches a bylaw notice to give up possession, whatever the landlord wants. If the rule is the building’s, a willing landlord cannot overrule it, and your conversation is with the strata council or condo board.

Is there a concern you can answer? Damage, noise, allergies, size. Most refusals are about one of these, and most can be met with specifics.

Is it about money? In British Columbia and Manitoba, a pet damage deposit within the legal limit may help. In Alberta, a refundable pet deposit counts towards the one-month total. In Nova Scotia, a landlord cannot charge an extra deposit for a pet, so do not offer one. The rules for each province are here.

What does your lease actually say? In British Columbia, a term can only be added to a tenancy agreement during the tenancy if both of you agree, so a landlord cannot simply add a no-pets term to your existing lease. If your lease is silent on pets, provincial guidance has said a tenant may be considered allowed to keep one. Do not rely on that alone. Get it in writing.

If a disability is part of it

Human rights law in every province prohibits discrimination in rental housing because of disability, including mental health disabilities. Where a rule such as “no pets” affects someone because of a disability, the landlord or condo corporation may have a duty to accommodate, up to the point of undue hardship. The Ontario Human Rights Commission gives allowing service animals in a no-pets building as an example of that duty, and the Alberta Human Rights Commission says it may extend to other types of support animal.

Your part is to tell the landlord you have a disability-related need and give enough information for them to understand it, often from a health professional who treats you. These requests are decided case by case, on the need and the evidence for it, not on what the animal is called. A certificate or registry entry, ours included, is not evidence of anything. More on how this works.

What to do next, in order

1. Ask for the reason in writing. Something like: “Thank you for letting me know. So I can understand the decision, could you tell me what the concern is? If it is about noise, damage or the size of the animal, I would like the chance to address it.”
2. Find out whose rule it is: the lease, the landlord’s rules, or the condo or strata.
3. Answer the concern with specifics: a reference from a previous landlord or your veterinarian, an offer to meet the animal, a pet resume, a deposit within the legal limit where one is allowed, and pet terms written into the lease.
4. Check with your province’s tenancy office before you spend money. Their information is free, and the links are in our province-by-province guide.
5. If a disability is involved, make that request separately and plainly, as an accommodation request. If it is refused, your province’s human rights commission or tribunal is the route.

What not to do

Do not move the pet in against a valid rule. It turns a reasonable request into a breach, and everything you were right about stops mattering.

Do not call a pet a service dog if it is not one. In British Columbia, falsely representing a dog as part of a guide or service dog team is an offence under the Guide Dog and Service Dog Act, with a fine of up to $3,000. The difference is explained here.

Do not lean on an ESA certificate. It carries no legal weight in this conversation, and using it as though it does will damage your credibility on the points that do.

Where our certificate fits

It does not, here. Our certificate is not the document that changes a landlord’s mind, and we would rather you heard that from us. What helps is a specific, calm, written request, and where a disability is involved, a proper accommodation request. Our free letter template is a better use of the next half hour than our certificate. If you would rather not fill it in yourself, we write the same kind of letter for you, $35 on its own or $55 with the certificate.