Unlike Ontario and some other provinces, Alberta landlords can include no-pet clauses in residential leases and enforce them. The Residential Tenancies Act (RSA 2000, c R-17.1) does not override no-pet provisions, which means if you sign a lease with a no-pet clause and later get a pet, the landlord may have grounds to terminate. However, there are limits. Pet damage deposits are subject to the same rules as regular security deposits, and landlords cannot charge unreasonable pet fees. Understanding the rules before signing can protect both you and your pet.
What is a Pet Clause and Pet Deposits?
A pet clause in an Alberta residential lease is a provision that either permits or prohibits the tenant from keeping pets in the rental unit. It may also set conditions such as species, size, breed restrictions, pet deposits, and the tenant's liability for pet-related damage.
Red flags to watch for
The Alberta Human Rights Act requires reasonable accommodation for persons with disabilities, which includes service and emotional support animals. A blanket no-pet clause that makes no exception may violate human rights legislation.
Alberta law limits the total security deposit to one month's rent (RTA, s 28). A pet deposit is included in this limit — the landlord cannot charge more than one month's rent total, even with a pet.
The RTA does not recognise non-refundable security deposits. A fee labelled as 'non-refundable pet fee' that functions as a deposit may be challengeable.
Termination should require proper notice and follow the RTA's procedures. A clause allowing immediate eviction for a single noise complaint is disproportionate.
Some Alberta municipalities have breed-specific legislation. The lease should reference applicable municipal bylaws rather than imposing arbitrary restrictions.
Normal wear and tear cannot be charged to the tenant under the RTA. Minor scratches on floors from pet claws may fall under normal wear depending on severity.
Your legal rights
The Residential Tenancies Act (RSA 2000, c R-17.1) governs residential leases in Alberta: s 28 limits security deposits (including pet deposits) to one month's rent; s 29 requires the deposit to be held in a trust account; s 32 governs deductions and requires an itemised statement. No-pet clauses are enforceable in Alberta — unlike Ontario's Residential Tenancies Act which renders them void. The Alberta Human Rights Act (RSA 2000, c A-25.5) requires reasonable accommodation for disability-related service animals. The Residential Tenancy Dispute Resolution Service (RTDRS) handles disputes.
Questions to ask before you sign
- 1Is the total deposit (including any pet deposit) within the one-month maximum?
- 2Is the pet deposit refundable, or is it structured as a non-refundable fee?
- 3What types of pets are permitted, and are there breed or size restrictions?
- 4Is there an exception for service or emotional support animals?
- 5What pet-related damage am I liable for, and how is it distinguished from normal wear?
- 6What is the process if a neighbour complains about my pet?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.