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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 22 2026
Question: Can a landlord in Ontario be held liable if a tenant’s animal escapes through a fence and someone is injured?
Answer: Thamar Bilingual Legal Services Ontario can help you assess landlord liability for tenant animals in Ontario, including cases where a poorly maintained fence allows an animal to escape and cause injury or property damage. Ontario’s Residential Tenancies Act, 2006 requires landlords to keep the residential complex in a good state of repair and fit for habitation, even if the tenant knew of any non-repair before moving in, and the fence/exterior-area maintenance rules also require fences and exterior guards to be structurally sound and free from hazards. Courts have found negligence where a landlord knew animals were kept on the property yet had no proper inspection or repair procedures, like in Youssef v. Redi-Mix Limited, 2018 ONSC 6409. If you are dealing with an injury claim, a damage claim, or a fence maintenance dispute, bilingual paralegal services in English and français from Thamar Bilingual Legal Services Ontario can guide you on evidence, next steps, and risk, call (647) 818-7974.
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Landlord Liability for Tenant Animals
At first thought, it may seem strange, or even unfair, that a landlord could be sued and become liable when an injury occurs and was directly caused by an animal owned by a tenant; however, such a situation has occurred; and while unfortunate for the landlord, the case for liability against the landlord involved relatively straightforward legal 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
A landlord may be without direct or immediate possession of the rented property; however, the landlord remains obligated in law to maintain the rental unit and the rental complex; and accordingly, a failure to maintain the property, which causes or contributes to injuries or damage, may result in liability upon the landlord. This liability may even occur in situations such as the escape of an animal owned by the tenant, where the animal escaped through a poorly maintained fence, the animal entered upon a roadway, and the animal caused injury to a motorcyclist.
NOTE: A significant number of online searches featuring “lawyers near me” or “best lawyer in” typically indicate a demand for prompt and effective legal assistance rather than a precise professional designation. In Ontario, “licensed paralegals” are governed by the same Law Society that regulates lawyers and possess the authority to represent clients in specific litigation contexts. Advocacy, legal assessment, and procedural expertise are fundamental to their responsibilities. Thamar Bilingual Legal Services Ontario provides legal representation within its licensed framework, emphasising strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and positive outcomes for clients.