No, landlords generally cannot evict tenants just for having a pet. Eviction is only possible if the pet causes damage, disturbances, safety risks, or violates condo bylaws.
The General Rule
- “No pet” clauses are void: Under the Residential Tenancies Act (RTA), lease clauses banning pets are unenforceable once a tenant moves in.
- Pet ownership alone is not a sufficient reason for eviction.
When Eviction May Be Allowed
- Damage: If a pet causes significant property damage beyond normal wear and tear.
- Disturbance: Persistent noise or nuisance that affects other tenants’ reasonable enjoyment.
- Safety concerns: Aggressive pets that endanger neighbours or the landlord.
- Condo restrictions: If condo bylaws prohibit certain pets (by size, breed, or number), landlords must enforce these rules.
Best Practices for Landlords
- Document issues: Keep records of complaints, including photos of damage and notices sent.
- Communicate first: Give tenants a chance to resolve the issue before pursuing eviction.
- Follow due process: Use the proper LTB forms (e.g., N5 for damage/disturbance) and provide tenants the opportunity to remedy the situation.
The Fox Marin Team guides landlord clients on managing tenant issues fairly and lawfully, ensuring compliance with Ontario’s RTA while protecting property and tenant relations.
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