This is one of the most consistently misunderstood rules in Ontario landlord-tenant law: you cannot charge a separate pet deposit, even though many landlords assume they can. Here's what the rule actually says, and what real options you have instead.
The Rule That Surprises Most Landlords
Under the Residential Tenancies Act, landlords in Ontario cannot charge a pet deposit, damage deposit, or any deposit beyond the standard rent deposit (commonly first and last month's rent) and, in limited circumstances, a key deposit. This applies regardless of whether the tenant has a pet — a "pet deposit" clause in a lease is generally unenforceable, even if the tenant agreed to it at signing.
Why This Rule Exists
The RTA is designed to cap what landlords can require upfront specifically to prevent a patchwork of additional deposits that could functionally price out tenants or create disputes over what portion of a deposit is refundable. Pet deposits fall into this restricted category regardless of good intentions on the landlord's part.
Can You Have a "No Pets" Clause At All?
This is the second surprising piece: a blanket "no pets" clause in a lease is also generally unenforceable in Ontario. Under the RTA, a provision in a tenancy agreement prohibiting animals is void — a landlord cannot terminate a tenancy or refuse to renew simply because a tenant has a pet, even if the original lease said no pets were allowed.
There are limited exceptions, generally tied to a condominium corporation's own enforceable rules (which operate under the Condominium Act, not the RTA) or specific circumstances involving a pet causing a genuine safety issue or substantial interference with other tenants' reasonable enjoyment of the property.
What Landlords Can Actually Do Instead
Screen for pet history during the application process. Ask directly about pets during screening — as part of a thorough tenant screening process — and factor pet ownership into your overall risk assessment for a specific applicant, the same way you'd weigh any other application detail.
Address damage through the standard rent deposit and legal recourse. If a pet causes damage beyond normal wear and tear, that's addressed the same way any other tenant-caused damage would be — through the standard security options available to landlords and, if necessary, through the Landlord and Tenant Board.
Include reasonable pet-related terms that don't amount to a ban. Reasonable, RTA-compliant additional terms — like requiring pets be leashed in common areas, or limiting the number of pets — are more likely to hold up than an outright prohibition, though even these should be drafted carefully.
Rely on condo corporation rules where applicable, if you're renting out a unit in a building with its own enforceable pet restrictions under the Condominium Act — these operate somewhat independently of the RTA's tenant protections.
What This Means Practically for Your Screening Process
Since you can't collect a pet deposit or enforce a blanket ban, your best protection is thorough screening upfront — asking about pet history, checking previous landlord references specifically about pet-related damage, and factoring that information into your overall tenant selection the same way you would income or credit history.
The Bottom Line
Ontario's rules around pets are more tenant-protective than most landlords assume — no separate pet deposits, and no enforceable blanket bans in most cases. The real protection lies in thorough screening before you sign a lease, not in deposit structures or prohibition clauses that likely won't hold up if challenged.
Want help building pet-related questions into your screening process the right way? Contact our team — or see our full verification process for how we handle this for every applicant.
This article summarizes general Residential Tenancies Act principles and is not legal advice. Consult a paralegal or lawyer for guidance specific to your situation.
