Animals
Your landlord is allowed to make a rule in the lease banning pets from the building. These rules can include all sorts of clauses, like banning pets of a certain size and breed, banning certain pets and not others, and only allowing pets in certain parts of the building. Like all rules, this must apply to all tenants equally. If you get a pet despite these rules, the landlord can try to evict you or your pet.
If you are renting with a pet in a building with a no pets clause, it’s not enough to have a verbal agreement with your landlord that your pet can stay, you need it in writing – and ideally signed.
One exception to this is Service Dogs registered under the Nova Scotia Service Dog Act. This act does not protect Emotional Support Animals, or other pets – only trained and certified Service Dogs. Even if you have documented medical need for an Emotional Support Animal, your landlord does not have to allow them.
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More and more rentals are banning pets, and finding a rental is challenging with certain pets like large dogs. Landlords are also free to decide a building won’t allow pets anymore and change the rules, as long as they give enough notice. While many people never want to think about having to get rid of their pet, in reality renters are often forced to choose between their pets and housing.
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If you have a pet, try working out a written agreement with the landlord to keep your pet before you rent or before new rules around pets take effect. Some people have been successfully grandfathered in to new rules.
If your landlord threatens to evict you for having a pet, try seeing if someone could watch your pets while you find a new place to live. While it’s hard to live without your pets, doing this avoids eviction; and it’s easier to find a new rental when you don’t have a deadline.
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Introducing a fee for allowing tenants to have a pet is a rent increase and must follow the rules around increasing rent. (Beukema & Nelson Property Management v. Beaver, 2013 NSSM 29)
