In Quebec, unlike other places in the world, it is not mandatory for a landlord to accept pets in the units he rents out. Unfortunately, this makes it difficult for pet owners to find housing. However, if the landlord accepts the presence of animals in the unit, the tenant must comply with several obligations so that his faithful companion does not cause inconvenience and damage to the rented accommodation. Don’t hesitate to schedule a consultation with a tenant lawyer before proceeding.
How do I know if a pet is allowed in a dwelling?
The Civil Code of Québec is silent on the presence of animals in rental housing. To check whether it is allowed to own an animal, what species are accepted or the maximum size or number of animals allowed, you must consult the lease agreement or, if applicable, the internal regulations of the building where the dwelling is located.
The rules of the building are part of the lease. Under the Civil Code, the landlord must provide the tenant with a copy of the by-law before the lease is concluded. Otherwise, the tenant is not bound by the by-law, which means that if the by-law contains a ban on keeping animals in the unit, the tenant cannot be punished for violating it.
In principle, therefore, the landlord is free to decide whether or not to allow animals in the home. The tenant must comply with what the landlord stipulates in the lease agreement or in an internal by-law. However, the tenant could ask the Administrative Housing Tribunal to declare the clause prohibiting animals unreasonable. The onus will be on him to prove the unreasonableness of such a clause.
A doctor’s note attesting that the animal has pet therapeutic effects on the tenant, for example by relieving him of his anxiety disorders, can contribute to the prohibition being declared unreasonable. But the chances of success in such appeals are very low. The Tribunal has recognized in several decisions that no-animal clauses are not inherently unreasonable.
If the lease agreement or the house regulations do not clearly prohibit the presence of animals, the tenant can therefore in principle house animals in the accommodation. For example, if a clause prohibits only the presence of dogs, it can be concluded that the presence of cats is permitted.
Presence of an animal in the accommodation despite the existence of a prohibition
Some tenants still decide to house their pet with them despite being forbidden to do so. In some cases, the landlord tolerates the presence of the animal. However, he is entitled to demand compliance with the prohibition from one day to the next. At that time, the tenant will not be able to invoke the landlord’s past tolerance or the animal’s exemplary behaviour.
If the landlord fails to comply with the prohibition, the landlord could then ask for the lease to be terminated, but to do so, the landlord will have to prove the serious harm caused to him by the presence of the animal. The landlord can also ask the court to order the tenant to get rid of their pet.
Animals used to compensate for a disability
Under the Charter of Human Rights and Freedoms, a landlord cannot refuse to enter into a lease with a person because they use an animal, such as a service dog, to compensate for a disability. Indeed, it would constitute discrimination. The landlord must therefore rent the unit to the person who uses an animal to overcome a disability, unless it causes undue hardship.
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Obligations of the tenant who owns a pet
When the landlord allows an animal to be in the unit, the tenant cannot act as he or she wishes with his or her companion. Indeed, it has certain obligations to respect. Otherwise, they may be ordered to give up their pet or, if there is evidence of serious harm caused by the animal, have their lease terminated.
The tenant who accommodates one or more animals must not:
- Using the dwelling in an unreasonable manner, in particular by keeping an unreasonable number of animals for the size of the dwelling;
- Change the form or purpose of the dwelling during the lease, for example by using the dwelling for commercial tropical fish farming;
- Disturbing the peaceful enjoyment of other tenants’ premises, for example by allowing your dog to bark at any time of the day or night;
- Living in abnormal conditions of comfort and sanitation, for example, allowing bad odours caused by an animal to proliferate in the home;
The tenant must also act with courtesy and good manners with his neighbours. For example, he has to repair the damage caused by his cat to his neighbor’s plants.
If you have a dispute with your landlord about the presence of your pet, do not hesitate to contact us for assistance. Our lawyers also specialize in landlord law.