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Landlord Discretion: Most provinces allow landlords to decide if pets are permitted, with some imposing specific rules for service animals.
Pet Damage Deposits: Provinces like Manitoba, Alberta, and British Columbia regulate pet deposits, often capping them at a percentage of the monthly rent.
Service Animal Protections: Legislation across provinces ensures that service animals are exempt from "no pets" policies and related fees.
You are more likely than not to either be a pet owner or have a tenant who owns a pet. Sometimes, it's both!
A 2022 study by the Canadian Animal Health Institute found that over 80% of Canadian households own at least one pet.
As a landlord or a tenant, you want to know how to manage a situation if you have a pet or are renting to a tenant with a pet.
Can tenants be prohibited from keeping pets in their unit?
The answer to this question changes depending on which province you are in.
Every province in Canada has its own tenancy act. Here is a detailed overview of how pets are regulated under provincial Residential Tenancy Acts.
Alberta’s Residential Tenancies Act does not explicitly address pet ownership by tenants.
Landlords can decide if pets are allowed in their rental properties and set rules about the type, size, and number of animals permitted. For example, they might allow small dogs but not large ones or restrict certain breeds. Landlords don’t need to justify their decisions, and tenants who break pet rules risk eviction.
However, tenants with disabilities who rely on service or support animals are protected under Alberta’s Service Dogs Act, Blind Persons’ Rights Act, and the Human Rights Act. Landlords and condo boards must accommodate tenants with qualified service or guide dogs, as long as the animal is well-behaved. In some cases, they may also need to accommodate other support animals if there is reliable medical evidence showing the tenant’s disability and need for the animal.
Section 18, 19, and 20 of BC’s Residential Tenancy Act addresses pet ownership. See below.
As a landlord in BC, you have considerable control over pet policies in your units. The key is making everything crystal clear in your tenancy agreement from the start.
If you do decide to allow pets, you can set specific guidelines that work for your property. Think about what makes sense for your rental:
Pet Deposits and Inspections
Now, about those deposits. If you decide to allow pets (any time after January 1, 2004), you can collect both a security deposit and a pet damage deposit. Here's what you need to know:
Pro tip: If you accidentally collect more than the allowed amount, your tenant has the right to deduct the overage from their rent. So double-check those numbers!
In Manitoba, Sections 29 and 39 of The Residential Tenancies Act addresses pet damage deposit requirements:
Pet Deposits
If you're allowing pets in your rental unit, here's what you need to know about deposits:
Important Dates and Exceptions
Here's something interesting - if you inherited tenants who had pets before June 30, 2010, with the previous landlord's permission, you can't charge them a pet deposit now. And just like everywhere else in Canada, you cannot charge a pet deposit for service animals - that's a big no-no!
Protecting Your Property
Here's a helpful tool you might not know about - you can request a condition report:
Think of this condition report as your insurance policy - it documents the state of your property before and after the pet arrives. It's super helpful if you need to assess any pet-related damages later on.
In New Brunswick, landlords have the right to decide whether to allow pets, limit their number, or prohibit them entirely. While a “no pets” policy is generally not discriminatory, landlords must accommodate tenants with disabilities by making exceptions for service animals when needed as part of their duty to ensure accessibility and meet disability-related requirements.
Sections 4,14, and 15 of the Residential Tenancies Act(NWT) outlines the provisions for pet ownership by tenants in NWT:
When it comes to pet-related damages, you're protected. If a pet causes any damage or disturbance to your property, your tenant is on the hook for it. And here's the key part - this applies even if it wasn't their pet but one belonging to their visitor.
Now, let's talk about deposits. You can collect a pet deposit, but there are specific rules:
Here's what's important to remember: you can only ask for this deposit if your tenant actually has or plans to have a pet. And no matter how many pets they end up having, you can only charge one pet deposit.
Important note: service animals are different - you cannot charge a pet deposit for them.
Got a tenant who wants to add a pet after they've already moved in? There's a process for that. You'll need to do a proper inspection and complete a condition report when you agree to the pet. Make sure to give your tenant a fair opportunity to be part of this inspection - it protects both of you in the long run.
In Nova Scotia, the Residential Tenancies Act does not explicitly address pet ownership by tenants. However, according to a renting guide released by the Residential Tenancies Program tenants who want to have a pet should verify the property’s rules to ensure pets are allowed. Landlords are not permitted to charge an extra deposit for pets.
The Residential Tenancies Act, 2018 does not explicitly address pet ownership by tenants.
According to Renting in NL, Landlords have the right to decide whether pets are allowed in their rental units. If a landlord enforces a "no pets" policy, tenants are not allowed to keep pets in the unit.
If no "no pets" policy is explicitly stated, pets are generally assumed to be allowed. Any rules about pets should be outlined in the written Rental Agreement, if one exists.
For fixed-term agreements, like a year-long lease, landlords cannot introduce a "no pets" policy during the lease term. Changes can only be made after the agreement ends.
In month-to-month tenancies, landlords can implement a "no pets" policy by giving tenants three months' written notice. The notice must clearly state that continuing to rent the unit depends on accepting the new rules. If tenants do not agree, the rental agreement will end.
Sections 14 and 76 of the Ontario Residential Tenancies Act addresses tenant pet ownership:
Here's the key thing you need to know: in Ontario, you cannot enforce a "no pets" clause in your lease agreement. Even if you include one, it's automatically void under the law.
When Can You Take Action?
Once a tenant moves in with pets, you can only ask for pet removal in three specific situations:
Important Things to Remember
You cannot ask the tenant to remove the pet on your own. You must:
PEI’s Residential Tenancies Act does not explicitly address pet ownership by tenants. However, guidance from the provincial government allows landlords to decide if they want to allow pets. As with all provinces, a service animal must be allowed.
Yes, landlords can decide whether to allow pets in their building and may limit the type or size of pets permitted. However, these restrictions do not apply to service animals trained to assist with a disability.
Once a tenancy agreement is in place, landlords can only change its terms with the tenant's consent or approval from the Rental Office. For instance, if the agreement permits pets, tenants have the right to keep a pet for the duration of their tenancy unless the Rental Office orders otherwise.
If the property is sold, the new landlord must honor the existing tenancy agreement and cannot change its terms without the tenant's consent or permission from the Rental Office.
Finally, landlords cannot ask for a pet deposit.
Read A Guide for Tenants: Renting on PEI to learn more about this.
In 2022, CBC reported that the provincial government rejected an amendment to the Residential Tenancies Act that would have granted tenants the legal right to keep animals in their rental homes. Minister Matthew MacKay explained that “This is where I think the landlords need to have some of the discretion, this is their units. Certainly if they feel that they're comfortable with allowing pets in their apartment, I'll certainly support that, I just don't think I should be the one forcing them and telling them to do so”
The Civil Code of Québec is silent about this. But your lease and the rules of the building will state whether animals are allowed.
Landlords can insert a statement in the lease prohibiting all or certain animals. When you sign a lease, it’s up to the landlord to tell you whether pets are allowed.
Summaries of decisions
The Tribunal administratif du logement shares summaries of decisions about pets on its website. Factors like lease clauses and the quality of evidence can influence a judge’s ruling. Ultimately, each case is unique, and decisions are based on the evidence presented to the Tribunal.
Read the tribunal’s summaries of decisions.
In 2023, Québec Solidaire proposed legislation to prohibit no-pet clauses in residential leases. As of November 2024, there hasn’t been any recorded progress of this bill.
The Saskatchewan Residential Tenancies Act (SKRTA) does not specifically allow landlords to refuse tenants with pets. However, landlords must clearly state if they have a "no pets" policy. If pets are explicitly allowed or no such policy exists, tenants can have pets in the unit and cannot be evicted for this reason.
Case law from the Office of Residential Tenancies reiterates that if a tenant keeps a pet when the lease has prohibited this, it serves as grounds for eviction if the tenant does not remedy the situation.
There are specific provisions in Yukon’s Residential Landlord and Tenant Act (RLTA) that pertain to tenant pet ownership in Yukon.
Section 3.2 of Yukon’s Residential Landlord and Tenant Act (RLTA) has these provisions in relation to pets.
In Yukon, you're limited to collecting one security deposit per tenancy agreement, which cannot exceed one month's rent. Additional deposits for pets are not permitted under the law.
However, you do have significant flexibility regarding pet policies in your rental property. As a landlord, you maintain the right to determine whether pets are allowed and can establish specific parameters such as:
You also have the option to implement pet-related fees and specific rules for pet owners. Just ensure that all these conditions are thoroughly documented in your tenancy agreement. Remember, while you can charge pet fees, these must be separate from the security deposit structure.
There is an exception in most provinces when it comes to condo units. Condo corporations have governing documents that can limit or prohibit owners, tenants, and other occupants from keeping pets or specific types of pets through their bylaws.
In these cases, you would consult the province’s strata law as well as the condominium bylaws.
In conclusion, managing pets in rental properties across Canada requires understanding several key layers of regulations and rights.
Provincial Variations
The landscape of pet policies varies significantly by province. While Ontario prohibits "no pet" clauses from being enforced after tenancy begins, other provinces like BC allow landlords considerable discretion in setting pet restrictions. These provincial differences affect everything from deposit amounts to enforcement capabilities.
Service Animals
A universal constant across Canada is the protection of service animals. These are not considered pets under the law, and any restrictions or additional charges for them are prohibited. This reflects Canada's commitment to accessibility and human rights in housing.
Condo Considerations
An exception exists for condominium properties, where an additional layer of rules applies. As a landlord of or a tenant at a condo unit, you'll need to navigate both provincial tenancy laws and your building's specific bylaws when setting pet policies.
The key to successful pet management in rental properties lies in clear communication, well-documented policies, and understanding the specific regulations that apply to your situation.
Jasmine Jasani is the Growth Advisor at Openroom, specializing in strategic planning and customer retention. With a background in psychology, law, digital tools, and communication, she effectively leverages technology to drive organizational success.
As the Executive Director of Brockville’s Business Improvement Area (BIA), she spearheaded the city’s first digital gift card program and secured federal funding to support digital transformation initiatives for SMEs. Previously, at the United Nations High Commissioner for Refugees (UNHCR), Jasmine played a key role in implementing digital solutions to overcome COVID-19 challenges and streamlined intra-organizational case processing modalities.
Jasmine's belief in the power of knowledge was shaped by her personal experiences as a renter. While working as a legal assistant earlier in her career, she encountered issues with her landlord. Her boss, a partner at the firm, quickly assessed her situation and cited the relevant law, empowering her to assert her rights. This experience reinforced Jasmine's commitment to using knowledge to foster healthy and informed communities.
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