Two weeks ago, you moved into your new apartment with your best friend, Rex, a big German Shepherd. Just as you were getting settled, your landlord knocked on your door to tell you that you must get rid of your best buddy because he's too loud! But when you signed the lease, your landlord never mentioned that pets weren't allowed. Also, there is nothing in your lease that says you can’t have a pet.
In this article, Éducaloi explains your rights and responsibilities in this area.
Important! This article explains your rights and responsibilities when dealing with your landlord. Some municipalities have rules about what animals are forbidden on their territory or how many animals you’re allowed to have. It’s best to check with your municipality before getting a pet.
What does the Civil Code of Québec say about animals in rental housing?
The Civil Code of Québec is silent about this. But your lease and the rules of the building will state whether animals are allowed.
The landlord can insert a statement in the lease prohibiting all or certain animals. When you sign a lease, it’s up to the landlord to tell you whether pets are allowed.
Rules of the Building:
Some landlords have rules that tenants in the building must follow. The landlord must give you a copy of these rules (sometimes called by-laws), because they are considered part of your lease. They usually state whether pets are allowed. By reading these rules, you can avoid any unpleasant surprises.
Do I have the right to have an animal in my apartment?
It depends on what your lease says.
Your Lease or Building Rules Don’t Prohibit Animals
If the lease or building by-laws do not prohibit animals in the building, then you can usually have an animal
Your Lease or Building Rules Don’t Prohibit the Kind of Animal You Want
If the lease or building by-laws do not clearly prohibit animals, the landlord cannot forbid you from having a pet.
For example, if the lease states that dogs are not allowed in the building, you can reasonably conclude that you're allowed to have a cat.
Your Lease or Building Rules Prohibit Animals
If the lease or the building by-laws clearly state that animals are not allowed, then you must obey this rule. The landlord can insist that you respect the terms of your lease even if your pet doesn’t cause any harm or even if you’ve had a pet for a long time without complaint by the landlord. But nothing stops you from trying to convince your landlord to allow pets. If she won't change her mind, you can take the matter up with the Régie du logement (rental board.)
But if you do, be aware that it is up to you to prove that the restriction on pets is unreasonable. You should know this kind of restriction is not generally viewed as unreasonable.
Are there any exceptions that would let me keep an animal even if the lease says that I can't?
In some cases, a tenant needs to own an animal to help cope with a disability. This is an exception that overrules a lease because it is based on the Charter of human rights and freedoms. . A landlord would have to agree to this accommodation if it is reasonable. .
The Régie has already ruled that a tenant can keep a pet because of its therapeutic benefits.
What are my obligations if I have an animal?
Your obligations as a pet-owning tenant are the same as those of any other tenant.
Use Your Apartment Responsibly
You must use your apartment in an appropriate and reasonable manner. For example, it might be unreasonable to share your two-room apartment with twelve cats even if nothing in your lease or building by-laws prevents it!
Not Change the Use
This means you can’t use your apartment to breed dogs.
Ensure a Peaceful Environment
This obligation means that you must limit any unwanted contact between your pet and the other tenants. Also, if your dog barks for hours on end when left alone, it probably disturbs the other tenants and prevents them from enjoying the peace and quiet they have a right to expect.
Maintain Comfortable and Sanitary Conditions
This obligation means that you must do a reasonable amount of cleaning in your apartment. So if you have one or more animals, you must keep them clean to avoid any unpleasant smells or other inconveniences.
Not Disturb Other Tenants
This is a matter of common courtesy. If your cat damages a neighbour’s plant, you should either replace it or pay for it.
Can the landlord demand that I get rid of my pet?
Yes. The landlord can ban your pet in two cases:
- The lease or the building's rules say animals are not allowed in the dwelling.
- You don't respect one of your obligations (see the previous question).
The landlord can insist that you respect your obligations. For example, she can require you to do the following:
- keep your cat inside if it has a history of using the courtyard as its litter box
- keep your dog on a leash so it won’t disturb the neighbours
- prevent your dog from damaging the floors or window frames
The landlord can apply to the Régie du logement for an order cancelling your lease if your failure to respect your obligations causes serious damage for her or other tenants. This could happen, for example, if your dog is chewing the window frames and scratching the floors, or if your cat is clawing the carpets.
My neighbour’s pet is a major nuisance. What can I do?
You can first try to reach a friendly agreement with your neighbour. If the situation does not improve, you should notify your landlord of the situation.
You can write your landlord a letter describing the problem and insisting that she resolve the situation within a reasonable period of time. If she does not act on your letter or fails to change the situation, you can file a complaint against your landlord with the Régie du logement (rental board).
You can ask the Régie to order the landlord to compensate you for the harm caused to you by the other tenant. Compensation can come in many forms: a reduction in rent, cancellation of the lease, or the payment of damages (money). The landlord might be able to avoid paying damages if she can prove that she acted in a responsible way.
This article explains in a general way the law that applies in Quebec. This article is not a legal opinion or legal advice. To find out the specific rules for your situation, consult a lawyer or notary.