The law says nothing at all. The Civil Code of Québec is silent on the matter of animals in dwellings. Only your lease and the rules of the building will state whether or not animals are allowed in your apartment.

• Your lease:

The landlord can use the lease to prohibit all or certain animals in the dwelling. When you sign the lease, it’s up to the landlord to tell you whether or not pets are allowed.

• Internal rules of the building:

Many landlords draw up a list of internal rules for tenants to follow. The landlord must give you a copy of these by-laws, since they are considered part of your lease. They may state whether or not tenants are allowed to have pets in the building. By familiarizing yourself with these rules, you can avoid any unpleasant surprises.

It depends on what is set out in your lease.

• No restrictions indicated:

If the lease or building by-laws do not prohibit animals in the building, you can have an animal in your dwelling.

• No specific restrictions:

If the lease or building by-laws do not clearly prohibit animals in the dwelling, the landlord cannot, in principle, forbid you from having a pet.

For example, if the lease states that cats are not allowed in the building, you can reasonably conclude that you're allowed to have a dog.

• Clearly indicated restrictions:

If the lease or building by-laws clearly state that animals are prohibited in the dwelling, then you must obey this rule. Nothing is stopping you, however, from trying to convince your landlord to allow pets. If he remains unconvinced, you can take the matter up with the Régie du logement. But if you do, be aware that it is up to you to prove that the restriction on pets is unreasonable. You should know that animal restrictions in leases are not generally viewed as abusive. Moreover, even if your pet isn’t causing any damage, the landlord may still insist that you respect the restrictions set out in the lease.

Yes and it is an exception that overrules the lease because it comes from the Charter of human rights and freedoms.

In very specific cases, a tenant needs to own an animal in order to help him overcome a disability. For example, it would be hard to imagine forcing a blind person to separate from his guide dog simply because pets aren’t allowed in his building. As long as it is also reasonable, a landlord would have to accept this type of accommodation.

Your obligations as a pet-owning tenant are the same as those of any other tenant. By law, you have the following obligations:

• Use the dwelling in a responsible way:

You must use your dwelling in an appropriate and reasonable manner. It may be considered unreasonable, for instance, to share your two-room apartment with twelve cats!

• Do not change the form or destination of the dwelling:

This means you cannot transform your yard into a kennel (shelter for dogs) or your apartment into a foster home for abandoned animals, for example;

• Ensure a peaceful environment:

This obligation means that you must limit any unwanted contact between your animals and the other tenants. Also, if your dog barks for hours when left alone, it most likely disturbs the other tenants and prevents them from enjoying the peace and quiet they have a right to expect;

• Maitain comfortable and sanitary living conditions:

This obligation requires that you do a reasonable amount of housekeeping in your dwelling. So if you have one or several animals, you must keep them clean to avoid any foul odours or other inconveniences that may result;

• Behave in a way that does not disturb the other tenants:

This obligation is a matter of common courtesy. If your cat damages a neighbour’s plant, you may see fit to either replace it or pay for it.

Yes. The landlord can ban your pet from the dwelling in two cases:

1. If the lease or internal rules of the building prohibit the presence of animals in the dwelling;
   
   
2. If you fail to satisfy one of your obligations (see the previous question).

In the second case, the landlord can demand that you fulfill your obligations. For example, he may require that you keep your cat inside if it has a history of relieving itself in the courtyard, to take your dog whenever you leave because it howls while you're away, or to keep your cat litter very clean to avoid any unpleasant odours from spreading throughout the building.

The landlord or other tenants can demand that your lease be cancelled if your failure to meet your obligations causes serious damage. This might occur, for example, if your dog is chewing the window frames and scratching the floors, or if your cat is clawing the carpets.

It is recommended that you first try to seek a friendly resolution with your neighbour. If the situation does not improve, you may want to bring the matter to your landlord’s attention.

Specifically, you should describe the problem to your landlord and write him a demand letter, asking him to resolve the situation within a reasonable period of time. If he fails to do so, you can file a complaint against your landlord with the Régie du logement and ask that he compensate you for the injury or loss you are suffering due to the other tenant. Compensation can come in many forms: a reduction in rent, the resiliation (cancellation) of the lease, or the payment of damages. The landlord may avoid paying damages if he proves that he acted with prudence and diligence (in a responsible manner).