Can Landlords Be Held Liable for Injuries Caused by a Tenant’s Animal?
Yes, in certain circumstances, a landlord can be held legally responsible for injuries caused by a tenant’s animal—particularly where the landlord has failed to properly maintain the property.
While it may seem that responsibility should rest solely with the tenant who owns the animal, the law recognizes that landlords also have ongoing maintenance obligations that can create liability if ignored.
If you are dealing with a situation involving injury or risk related to a tenant’s animal, Babbar Legal can help assess potential liability and guide you on the appropriate course of action.
How Landlord Liability Can Arise
At first glance, it may seem unlikely that a landlord—who may not live on or regularly attend the property—could be responsible for an incident involving a tenant’s animal. However, liability can arise where the landlord’s failure to maintain the property contributes to the incident.
This issue was examined in Youssef v. Redi-Mix Limited (2018 ONSC 6409).
In that case:
- A tenant kept animals on a rural rental property
- The landlord was aware of the presence of those animals
- The fencing on the property was not properly maintained
- The animals escaped and caused a serious accident involving a motorist
The court found that both the tenant and the landlord were negligent. Importantly, the landlord’s liability arose from failing to implement any reasonable system to inspect or maintain the fencing, despite knowing the animals were being kept on the property.
The Legal Duty to Maintain the Property
Under section 20 of the Residential Tenancies Act, 2006, landlords are required to ensure that the rental property is:
- Maintained in a good state of repair
- Safe and compliant with applicable standards
This obligation applies regardless of whether the tenant is aware of any maintenance issues.
In addition, regulations under the Act require that fences and exterior structures be kept in a safe and structurally sound condition. Where fencing is intended to contain animals, failing to maintain it can create foreseeable risks.
Why Maintenance Matters in These Cases
The key issue in cases like Youssef is not simply the presence of an animal—it is whether the landlord’s conduct contributed to the risk.
Where a landlord:
- Knows animals are being kept on the property, and
- Fails to maintain features like fencing that are critical to containment
they may be found partially responsible if an incident occurs.
This means that even if the tenant is primarily at fault, the landlord may still share liability due to their own negligence.
Practical Implications for Landlords
Landlords should be mindful that their responsibilities extend beyond the interior of the rental unit. Exterior elements—such as fences, gates, and other safety features—must also be properly maintained.
Where animals are present, this becomes even more important.
Failing to:
- Inspect the property periodically
- Address known maintenance issues
- Ensure safety features are functioning properly
can expose a landlord to claims from third parties, including neighbours or members of the public.
Final Thoughts
Landlords are not automatically responsible for everything a tenant does. However, where a landlord’s failure to maintain the property contributes to an incident—such as an animal escaping—they can be held liable.
The key takeaway is that maintenance obligations are ongoing and cannot be overlooked, especially where there are foreseeable risks.
If you are facing a claim or want to proactively reduce your exposure to liability, Babbar Legal can provide practical, tailored advice to help protect your interests.