Why a no-pet rental clause is unenforceable

Mark Weisleder, Toronto Star January 24, 2011
You’ve rented your home out, and there’s a “no pets” clause in the lease. Tenants sign, and move in, and soon two big dogs are living there too. Can you do anything about it?

In Ontario, unless this is a condominium whose declaration prohibits pets, there is little the landlord can do to remove the dogs.

The Ontario Residential Tenancies Act says that any provision in a lease preventing pets is void. In order to remove the pet, the landlord will have to prove that this pet is actually causing damage to the premises, interfering with the enjoyment of the landlord or the other tenants, is dangerous or perhaps causing an allergic reaction to the other tenants or the landlord.