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Pet Provisions in Lease Agreements

Pet Provisions in Lease Agreements

Any provision in a tenancy agreement that forbids animals (frequently referred to as the no pet provision) is in violation of the Act. In other words, a no pet provision in a tenancy agreement is void. However, exceptions do apply; e.g., provisions in the Ontario Human Rights Code and pet restrictions in condominiums (subject to certain qualifications). A condominium declaration may contain enforceable provisions (e.g., no pet provisions) relating to the occupation and use of units and common elements.

Any tenant or landlord wishing detailed information or currently involved in a dispute concerning animals is strongly advised to contact the Landlord and Tenant Board and/or seek expert advice.

The landlord may make application for an order to terminate the tenancy and evict the tenant under selected circumstances concerning animals; e.g., where the animal causes substantial interference with reasonable enjoyment, causes a serious allergic reaction or the animal is inherently dangerous.

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