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Liability of Landlord for Animals of Tenant:
Injuries or Damage or Other Harm Caused to Third Party Persons
Last Updated: August 08 2026
Question: Can a landlord in Ontario be held liable if a tenant’s animal escapes and injures someone, and what duties would the landlord be expected to meet?
Answer: In Ontario, a landlord can be held liable for injuries or damages connected to a tenant’s animal if the landlord failed to meet statutory maintenance duties that allowed the animal to escape; for example, in Youssef v. Redi-Mix Limited, 2018 ONSC 6409 the court found the landlord negligent where it knew the tenant kept donkeys and did not have inspection or repair procedures for fences that were supposed to keep animals contained, even though the donkeys were owned by the tenant. This kind of claim is often grounded in the Residential Tenancies Act, 2006, including the landlord’s responsibility to provide and maintain the residential complex in a good state of repair and fit for habitation, plus the General Maintenance requirements that fences in exterior common areas be maintained in a structurally sound condition and free from hazards, so a poorly maintained fence can create liability exposure for the landlord when it causes or contributes to harm. If you are dealing with a potential injury claim, a neighbour complaint, or a landlord–tenant dispute involving animals, paralegals at Melville Legal can help you understand the likely duties, evidence to gather, and the fastest path forward in Ontario, call (289) 981-7712 for assistance.
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.
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). What happened within the Youssef case involved Redi-Mix as the property owner and thus landlord of rural premises rented to a tenant. The tenant, who owned donkeys, was keeping the donkeys upon the rented property and this was known to Redi-Mix. Additionally, Redi-Mix was aware that the tenant was grazing the donkeys upon fenced fields at the rented property. Despite knowing these details, Redi-Mix lacked inspection and repair procedures for the the fences. Subsequently, Mr. Youssef, who was riding a motorcycle on a nearby road, struck a donkey that had escaped through the fence that was improperly maintained by Redi-Mix. Mr. Youssef brought a lawsuit against Redi-Mix and was successful. In determining liability against Redi-Mix, the court explained:
[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 per the Youssef case above, a landlord is required by statute law 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 considerable volume of online inquiries using terms like “lawyers near me” or “best lawyer in” typically indicate a desire for prompt, competent legal assistance instead of a particular designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers, permitting them to represent clients in specific litigation scenarios. Skills in advocacy, legal interpretation, and procedural expertise are crucial to this function. Melville Legal provides legal representation within its licensed parameters, focusing on strategic planning, evidence preparation, and effective advocacy to secure efficient and positive outcomes for clients.