Last Updated: August 28 2026
In Ontario, can a landlord be liable if a tenant’s animal escapes and causes injuries or damage?
Yes. In Ontario, a landlord can be liable when a tenant’s animal escapes because the landlord failed to maintain the residential complex in a good state of repair, including fences or exterior areas that are meant to prevent hazards or animals from leaving the property. In Residential Tenancies Act, 2006, 2006, S.O. 2006, c. 17, s. 20, landlords must maintain the property and standards, and under O. Reg. 517/06, s. 8, exterior guards and fences must be structurally sound and free from hazards. The result is illustrated by Youssef v. Redi-Mix Limited, 2018 ONSC 6409, where the landlord was found negligent for not having inspection and repair procedures for fences it knew were required because the tenant kept animals. If you need help assessing landlord liability tied to a tenant’s animal incident, reach out to Ajodhia Legal Services at (647) 882-8205.
Add this website to Google Preferred Sources
Landlord Liability for Tenant Animals
It may seem surprising that a landlord could be sued and become liable for injuries or damages caused by the pets or animals which are owned by a tenant; however, the situation has occurred; and while unfortunate for the landlord, the case for liability against the landlord involved a relatively straightforward application of the law and common principles.
Note: Please contact Ajodhia Legal Services by phone at: (647) 882-8205 to discuss any specific questions that you may have.
The Law
As an actual example, consider the case of Youssef v. Redi-Mix Limited, 2018 ONSC 6409 (upheld by Court of Appeal and leave for appeal to the Supreme Court denied). In the Youssef case, Redi-Mix was the owner and thus landlord of a property rented to a tenant. The tenant owned donkeys that were kept upon the rented property. Redi-Mix knew that the tenant owned the donkeys and that the tenant was using fenced fields for grazing by the donkeys; however, despite such knowledge, Redi-Mix failed to implement procedures for inspecting and repairing the fences, if or when necessary. Subsequently, a serious incident occurred when Mr. Youssef struck a donkey, or donkeys, that escaped from the field through the fence that was poorly maintained by Redi-Mix. Mr. Youssef sued Redi-Mix and when determining liability against Redi-Mix, the court stated:
[44] I am satisfied that the tenant Mark Burnfield was negligent in allowing the mules to wander from the property onto Winchester Road by means of his failure to secure the gate or fence along the side of the property. By the time the investigating officer arrived the donkeys had congregated near this fence and the officer, with simple human force, was able to pry open the gate or fence and the donkeys returned to the field. Mr. Burnfield has not disputed the claims against him and has been noted in default with respect to the plaintiff’s claim and the defendant’s third party claim.
[45] I am also satisfied that the defendant Redi-Mix was negligent with respect to its duties and obligations as a residential landlord of rural property. The following points assist me in drawing that conclusion:
• Redi-Mix purchased this residential rural property with existing fences.
• Redi-Mix leased this property to Mr. Burnfield in 2006 with the knowledge that he had domestic animals there.
• The accident happened approximately three years after the lease was entered into but Redi-Mix had no policy or procedure in place to inspect or repair the fences knowing it was their obligation to do so. The controller Carmen Kulesza had no knowledge of any inspection of fences. Dominic Suppa, the chief financial officer, indicated he had never inspected the fence. His only knowledge about fencing came from information provided to him by Mr. Lamanna. Mr. Lamanna made several visits to the property over the years. One such visit was to repair a certain area of fence. The other visits were unrelated to fencing. Mr. Lamanna was unsure whether his last inspection was before or after the accident.
• The Residential Tenancies Act sets out that landlords are responsible for providing and maintaining a residential complex in a good state of repair.
[46] I am satisfied that the record before me provides the court with sufficient information to make a determination with respect to the landlord’s negligence without the necessity of a trial. I therefore grant judgment in favour of the plaintiff Amir Youssef against the defendant 693316 Ontario Limited o/a Toronto Redi-Mix Limited on the issue of liability. The issue of damages remains a triable issue.
As explained by the court in the Youssef case as provided above, a landlord is statutorily obligated to maintain a rental unit and the rental complex, including the fences that are intended to keep animals, that may be owned by the tenant, from escaping the property. This statutory obligation to maintain the rented premises is prescribed within the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, as well as the General Maintenance, O. Reg. 517/06 regulation to the Residential Tenancies Act, 2006, wherein each it is respectively stated:
Landlord’s responsibility to repair
20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
Same
(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement.
Retaining walls, guards and fences
8. Retaining walls, guards and fences in exterior common areas shall be maintained in a structurally sound condition and free from hazards.
Conclusion
Although a landlord is often an absent landlord, meaning living away from the rental premises, and is therefore without direct or immediate possession of the rented property, the landlord does remain obligated by law to perform the maintenance of the rental unit and the rental complex. Accordingly, a landlord may, upon failing to properly maintain a rental unit or rental complex, be held liable if the failure to perform proper maintenance causes or contributes to injuries or damage. This liability risk applies even for scenarios involving the escape of an animal owned by a tenant where the animal escapes through a poorly maintained fence and causes injury to a neighbour or person passing by.
NOTE: A significant multitude of online searches conducted with phrases like “lawyers in my area” or “top lawyer in” typically indicate a pressing requirement for competent legal assistance rather than a specific job designation. In Ontario, the same Law Society that governs lawyers also regulates licensed paralegals, who are qualified to represent clients in certain litigation scenarios. Skills in advocacy, legal analysis, and procedural know-how are fundamental to this role. Ajodhia Legal Services offers legal representation within its licensed purview, focusing on strategic positioning, preparation of evidence, and effective advocacy aimed at securing prompt and advantageous outcomes for clients.
