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Lawsuit Scenario

Your Tenant's Dog Bit Someone. Are You Named?

By LiabilityGap EditorialUpdated 6 min read

The short answer

My tenant's dog bit someone — am I exposed as the landlord, even though it's not my dog?

Often named, rarely found liable for the bite itself. Under Ontario's Dog Owners' Liability Act, strict liability falls on whoever "possesses or harbours" the dog — usually just the tenant. But a landlord who knew the dog was dangerous and had the power to act can face a separate negligence claim, and being named alongside the tenant is common regardless.

A tenant's dog bites a visitor, a neighbour, or another tenant in the building, and the landlord finds out about the claim the same way the tenant does: a demand letter, or a statement of claim, naming both of them. That surprises most landlords, who reasonably assume a dog they don't own, in a unit they don't live in, isn't their legal problem. It's often not — but "often not" and "never" are different answers, and the difference turns on exactly what the landlord knew.

Here's how liability actually splits between tenant and landlord, and what changes that split.

Am I liable as a landlord if my tenant's dog bites someone?#

Generally, no — not for the bite itself, and not merely because you're the landlord. Ontario's Dog Owners' Liability Act imposes strict liability on the dog's "owner," and the Act defines owner to include anyone who possesses or harbours the dog. A landlord who simply permits a tenant to keep a pet, without exercising any care or control over the animal, generally doesn't meet that definition. The strict-liability exposure under the Act lands on the tenant, who actually keeps, feeds, and controls the dog day to day.

That's the baseline answer, and it's the one most landlords are hoping for. It's not the whole answer.

What does "possesses or harbours" actually mean, and why does it usually exclude the landlord?#

Courts have read "harbours" to require a real degree of care or control over the dog — the kind of responsibilities an owner takes on: sheltering it, feeding it, exercising it. Simply allowing someone else's dog to live on your property, without taking on any of that, generally doesn't make you a harbourer under the Act. The legal focus is deliberately on whoever is actually in a position to control the animal, not on whoever owns the building it happens to live in.

PersonGenerally an "owner" under DOLA?Why
The tenant who keeps the dogYesFeeds, shelters, and controls the dog directly — the core of "possesses or harbours"
A landlord who merely permits the petGenerally noNo care or control over the animal itself, just over the building
A dog walker or pet-sitter in physical control at the timeOften yes, for that periodThe Ontario Court of Appeal, in Wilk v. Arbour (2017), read "owner" to include whoever has physical possession and control just before the incident
A landlord who actively feeds, walks, or shelters the dogPossibly yesThis would look like genuine harbouring, not just tenancy

The table's middle row is the one that matters for most landlords, and it's genuinely reassuring — provided nothing else about the situation changes it.

So can a landlord ever be found liable for a tenant's dog?#

Yes — through an ordinary negligence claim, not through the Act's strict-liability rule. If a landlord actually knew, or reasonably should have known, that a specific dog was dangerous, and had the practical or contractual power to address it — through the lease, a warning, or the formal removal process — a failure to act on that knowledge can support a negligence claim independent of the Act entirely. Negligence requires proving duty, breach, causation, and damages, and a landlord who ignores a documented history of aggression while retaining the power to act is exactly the fact pattern that can satisfy all four. Your Dog Bites Someone covers the tenant's own exposure as the dog's actual owner in full, province by province — this page is specifically about where the landlord's separate liability starts and stops.

This is also where occupiers' liability can enter the picture, particularly for incidents in common areas — a shared yard, a hallway, a lobby — where the landlord, not the tenant, is the one who actually controls the space.

Why do landlords get named in the lawsuit even when they're probably not liable?#

Because a serious injury claim is generally drafted to name every defendant who might plausibly be responsible, and a lawyer representing an injured plaintiff has no reason to leave the landlord out on a guess. Naming both the tenant and the landlord preserves the claim against whichever one turns out to have real exposure — and real assets or insurance behind it — once the facts are sorted out through the litigation.

That means "named" and "liable" are two different moments. Your own insurer's duty to defend is generally triggered by the allegation in the claim, not by whether you're eventually found at fault — the same principle that applies the moment any statement of claim arrives. Being named is real work and real stress even in the scenario where you did nothing wrong.

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Does documenting a dangerous dog complaint make me more liable?#

No — and this is the myth that causes the most damage, because it pushes landlords toward exactly the wrong response. Some landlords worry that writing down a tenant's complaint, or a neighbour's report about an aggressive dog, creates a paper trail proving they "knew," and that knowing is worse than not knowing. It's backwards. The knowledge is what matters, not the paper. If you were told about the dog's behaviour, you knew it whether or not you wrote it down — the only thing silence changes is your ability to later show you took the complaint seriously and acted on it.

Documenting the complaint and then acting on it — a written notice, a request for corrective action, engagement with your province's landlord-tenant process — is the version of events that actually protects you. Ignoring a known problem, documented or not, is the version that doesn't.

What should I actually do if I suspect a tenant's dog is dangerous?#

  1. Write down what you were told or observed, including dates and who reported it.
  2. Check your lease for pet or nuisance clauses — many leases in Ontario and elsewhere allow a landlord to require a pet's removal for a substantiated safety concern.
  3. Give written notice requiring corrective action, consistent with your province's landlord-tenant legislation — you generally can't evict a tenant or force a pet out unilaterally, and skipping the proper process can create its own legal problems.
  4. Don't go silent. A known, undocumented, unaddressed complaint is the fact pattern that actually supports a negligence claim against you — not the act of writing it down.

Does my landlord insurance actually respond if I'm named?#

Generally, yes, in the sense that matters first: your insurer's duty to defend is typically triggered once you're named as a defendant, regardless of how the case eventually resolves. Whether the specific claim is ultimately covered — and up to what limit — depends on your policy's actual wording, since some landlord (rented-dwelling) policies handle pet-related liability differently than others. Confirm directly with your broker rather than assume your policy handles this the way it handles an ordinary premises injury.

Does my tenant's own insurance cover this instead?#

If your tenant carries tenant liability insurance, that coverage is the primary responder to a claim against the tenant as the dog's actual owner or harbourer — it exists precisely for negligence and strict-liability claims like this one. If your tenant carries no insurance at all, that exposure sits on the tenant personally; it doesn't automatically transfer to you, but it also doesn't make you any less likely to be named separately on the negligence theory described above.

Does this exposure grow if I own more than one rental property?#

Yes, the same way any premises-liability exposure does. Each unit is an independent chance of this exact scenario, and Umbrella Insurance for Landlords in Canada covers how a single umbrella policy can sit over an entire portfolio rather than hoping the right building has the right limit on the wrong day.

The bottom line#

Being a landlord doesn't make you the "owner" of a tenant's dog in the eyes of the law, and for most landlords that's the end of the strict-liability story. What it doesn't erase is an ordinary negligence claim if you knew about a real danger and had the power to act — and it doesn't stop a plaintiff's lawyer from naming you regardless, just to be safe. Document what you're told, act on it through the proper process, and confirm your own policy actually defends you if it happens anyway.

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Frequently asked questions

Am I liable as a landlord if my tenant's dog bites someone?

Generally not strictly liable merely for being the landlord. Ontario's Dog Owners' Liability Act targets whoever possesses or harbours the dog, and simply allowing a tenant to keep a pet usually doesn't meet that test. You can still face a separate negligence claim if you knew the dog was dangerous and failed to act.

What does it mean to 'possess or harbour' a dog under Ontario law?

Courts have held that harbouring requires exercising some real degree of care or control over the dog — sheltering, feeding, or exercising it, the responsibilities an owner would take on. Simply allowing someone else's dog to be on your property, without more, generally doesn't make you a harbourer.

Can I be sued even if I'm not legally the dog's owner?

Yes. Plaintiffs' lawyers commonly name every plausible defendant in a serious injury claim, including the landlord alongside the tenant, even when the landlord is ultimately found not liable. Being named is a real cost and stress regardless of how the claim against you personally resolves.

Does writing down a complaint about a tenant's aggressive dog make me more liable?

No — this is backwards from how the law actually works. What creates liability is knowledge of a danger plus a failure to act on it. Documenting the complaint and then acting on it is what protects you; staying silent doesn't erase knowledge you already have, it just makes it harder to prove you responded reasonably.

Does my landlord insurance cover me if I'm named in a tenant's dog bite lawsuit?

Generally, your insurer owes a duty to defend once you're named, triggered by the allegation rather than the eventual outcome. Whether the specific claim is covered, and up to what limit, depends on your policy's exact wording — confirm directly with your broker rather than assume either way.

What can I actually do if I know a tenant's dog is dangerous?

Document what you know in writing, review your lease for pet or nuisance clauses, and give written notice requiring corrective action consistent with your province's landlord-tenant rules. You generally can't evict a tenant or remove a pet unilaterally — the proper process still has to be followed.

Sources

  1. Dog Owners' Liability Act, R.S.O. 1990, c. D.16Government of Ontario
  2. Wilk v. Arbour, 2017 ONCA 21 (owner includes whoever has physical possession and control of the dog just before the incident)CanLII

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