Pet Policies for Rental Properties in Nova Scotia

Pets and Rental Properties in Nova Scotia

Pets are a significant consideration for both tenants and landlords in Nova Scotia's rental market. Many tenants have pets and want to bring them to their rental home, while landlords are often concerned about potential damage, noise, and liability. The Residential Tenancies Act (RTA) allows landlords to set pet policies, but the rules are not always straightforward.

This guide covers the legal framework, practical considerations, and best practices for managing pets in Nova Scotia rental properties.

What the Law Says

No-Pet Clauses Are Permitted

Unlike some jurisdictions (notably Ontario), Nova Scotia allows landlords to include no-pet clauses in lease agreements. A properly drafted no-pet clause in a Nova Scotia lease is generally enforceable.

Key Legal Points

• Landlords can prohibit pets entirely or allow them with conditions.
• The no-pet clause must be clearly stated in the written lease.
• If a tenant signs a lease with a no-pet clause and subsequently gets a pet, the landlord may have grounds for enforcement.
• Landlords cannot charge a separate pet deposit beyond the maximum security deposit of half a month's rent.
• Service animals are protected under the Nova Scotia Human Rights Act, regardless of any no-pet clause.

Service Animals and Emotional Support Animals

Service animals (e.g., guide dogs for vision impairment) are not considered "pets" under the law. Landlords cannot refuse a tenant with a legitimate service animal, even if the lease contains a no-pet clause.

Emotional support animals occupy a more complex legal space. While not afforded the same automatic protections as service animals, there may be accommodation obligations under human rights legislation. Landlords should seek legal advice before refusing a tenant with a documented emotional support animal.

Setting a Pet Policy as a Landlord

Option 1: No Pets Allowed

A blanket no-pet policy is the simplest approach but limits your tenant pool. In a competitive market, this may increase vacancy periods.

Option 2: Pets Allowed with Conditions

Many landlords find a middle ground by allowing pets with specific conditions:

• Type restrictions: Allowing cats but not dogs, or limiting to small animals.
• Size limits: Restricting dogs to a maximum weight.
• Number limits: Allowing one pet, not multiple.
• Breed restrictions: Some landlords restrict breeds perceived as higher risk (though this is debatable and increasingly controversial).
• Behavioural requirements: The pet must not cause excessive noise or damage.
• Additional cleaning: Requiring the tenant to professionally clean carpets at move-out.

Option 3: Fully Pet-Friendly

Welcoming all pets (within reason) can be a competitive advantage. Pet-owning tenants tend to stay longer, as finding pet-friendly housing is challenging.

Including Pet Terms in the Lease

If you allow pets, document the terms clearly in the lease:

• Type, breed, and number of pets permitted
• Any size or weight restrictions
• Tenant's obligation to clean up after the pet (indoor and outdoor areas)
• Tenant's liability for pet-caused damage
• Requirement to keep the pet under control
• Noise expectations
• Vaccination and licensing requirements
• What happens if the pet violates the terms (written warning, potential termination of the pet privilege)

These terms become part of the lease agreement and can be enforced through the standard dispute resolution process.

Tenant Responsibilities with Pets

If you are a tenant with a pet, you have specific obligations:

Preventing Damage

You are financially responsible for any damage your pet causes beyond normal wear and tear. Common pet-related damage includes:

• Scratched hardwood floors
• Stained or torn carpets
• Chewed trim, baseboards, or doors
• Damage to window screens or blinds
• Odour penetration into walls and floors

This damage can be deducted from your security deposit, and if the damage exceeds the deposit, your landlord can pursue additional compensation through the Residential Tenancies Board or Small Claims Court.

Managing Noise

Barking dogs are one of the most common sources of noise complaints in rental buildings. If your pet causes persistent disturbances, you may be in breach of your lease and the RTA's quiet enjoyment provisions.

Cleaning Up

You are responsible for cleaning up after your pet in all common areas, outdoor spaces, and within your unit. Failure to do so can constitute a breach of your tenant responsibilities.

Compliance with Municipal Bylaws

Beyond your lease, you must comply with municipal bylaws regarding pet ownership, including licensing requirements, leash laws, and breed-specific legislation where applicable. In Halifax, check the property standards and bylaws that may affect pet ownership.

Common Pet-Related Disputes

Tenant Gets a Pet Without Permission

If your lease prohibits pets and the tenant acquires one, you can:

1. Issue a written notice requesting compliance with the lease.
2. If the tenant does not comply, file an application with the Residential Tenancies Board for breach of lease.
3. In some cases, this can lead to eviction proceedings.

Pet Causes Damage

Document the damage thoroughly with photos and repair estimates. At move-out, deductions can be made from the security deposit. For damage exceeding the deposit, pursue additional compensation through proper channels.

Pet Causes Disturbances

Address noise or behavioural issues promptly through written communication. If the tenant does not resolve the issue, the Residential Tenancies Board can intervene.

Landlord Tries to Evict for a Pet Allowed Under the Lease

If your lease permits pets and the landlord later tries to prohibit your pet, the original lease terms govern. The landlord cannot unilaterally change the pet policy during an active tenancy.

Insurance Considerations

Pets can affect insurance coverage:

For Landlords

Your landlord insurance policy may have specific provisions regarding tenant pets. Some insurers charge higher premiums for properties that allow certain breeds. Review your policy before setting your pet policy.

For Tenants

Tenant insurance policies may cover liability if your pet injures someone. However, some policies exclude certain breeds. Check with your insurer to ensure your pet is covered.

The Business Case for Pet-Friendly Rentals

Landlords who allow pets often benefit from:

• Larger tenant pool: A significant percentage of renters have pets.
• Higher retention: Pet owners have fewer housing options and tend to stay longer.
• Potentially higher rents: Some markets support modest rent premiums for pet-friendly units (within rent cap limits).
• Better tenant relationships: Accommodating tenants' lifestyles builds goodwill.

The key is managing the risks through clear lease terms, proper documentation, and proactive communication.

How Nova Solutions Handles Pet Policies

At Nova Solutions Property Management, we work with property owners to develop pet policies that balance investment protection with market competitiveness. Our approach includes:

• Clear pet clauses in every lease
• Thorough documentation of property condition at move-in and move-out
• Prompt attention to pet-related maintenance and noise concerns
• Fair deposit handling in compliance with the RTA

We manage properties across Halifax, Yarmouth, and throughout Nova Scotia. Browse our available rentals (and check for pet-friendly listings), review our services and pricing, or contact us with questions.