Animal Restrictions in Rental Housing: Quebec Minister Upholds Landlord Rights
Despite a recent ruling in favour of a tenant, pets will continue to be prohibited in rental agreements, according to Quebec’s Minister of Housing, Caroline Proulx. Speaking in the National Assembly on Tuesday, Minister Proulx stated, “I remind all landlords and tenants who will be signing a lease in the coming weeks that it is permissible to include a clause prohibiting animals in the dwelling.” The Legault government aims to maintain a “balance” between the rights of both landlords and tenants, emphasizing that “both have rights.”
Recent Tribunal Ruling
On March 12th, the Administrative Tribunal of Housing (TAL) overturned a clause in a residential lease in the case of “M Desjardins,” declaring the provision “contrary to the Charter of Human Rights and Freedoms” and deeming it “unreasonable and abusive.” The Montreal SPCA had hoped this ruling would create “a first breach in the tribunal’s jurisprudence on the issue of anti-animal clauses.”
Calls for Legislative Change
Québec solidaire seized upon the ruling, urging the government to adopt their bill tabled in 2023 to end the practice of blanket pet bans. “In the midst of a housing crisis, it is already very difficult to find housing without having to abandon a pet that is considered a member of our family,” argued Member of Parliament Andrés Fontecilla. He pointed to France and Ontario as examples of jurisdictions that have abolished this practice. You can find more information about pet-friendly housing initiatives here (Ontario example).
A Specific Case
Minister Proulx clarified that the TAL ruling pertained to a “very, very specific” case. “M Desjardins” has resided in the dwelling since 2011 and has consistently kept pets, despite the prohibition outlined in the lease. The initial landlord tolerated the animals, but subsequent owners sought to enforce the clause, leading to the tribunal case. Crucially, a physician testified that the defendant’s miniature dog, Paul, helped alleviate symptoms of depression, anxiety, and post-traumatic stress disorder.
Landlord Concerns
The Corporation of Real Estate Owners of Quebec (CORPIQ) supports maintaining the status quo. “The problem is that the regulations make the landlord responsible for the dwelling and the building. It is the landlords who must bear the costs of damages caused by an animal,” explained spokesperson Éric Sansoucy. Understanding landlord responsibilities is crucial; more information can be found on the CORPIQ website.
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