The Court of Québec has recently issued a decision allowing an appeal of a ruling by the Administrative Housing Tribunal (TAL) that had invalidated a “no‑pets” clause in residential leases.
This TAL decision relied in part on the Charter of Human Rights and Freedoms to render the clause prohibiting animals unenforceable, and only in a very specific context. The tenant in question had owned an animal for several years, and according to the TAL, the evidence presented did not demonstrate that the situation caused any apparent serious prejudice to the landlord.
What does this mean for you as landlords?
Permission to appeal means that a judge of the Court of Québec will now review the case on its merits, analyze the parties’ arguments, and determine whether the TAL decision should be upheld or overturned.
What should you do for upcoming leases?
You may absolutely continue to include a no‑pets clause when signing your leases.
It is important to recall that when an animal causes problems, it is very often the tenant’s negligence that is the cause. Feces left in backyards or urine on floors when the animal is left alone lead to significant material damage and major nuisances for other tenants in the building.
Of course, we continue to exercise judgment. The presence of an assistance animal (such as a guide dog for a visually impaired person or for duly justified therapeutic needs) remains a legitimate exception that must be accommodated.
The Association will continue to follow this matter to keep you informed of developments. If you have any doubts regarding the drafting of your clauses or if you are facing a challenge from a tenant, do not hesitate to contact our legal advisors.
Clauses prohibiting animals: The court of québec authorizes the appeal of a controversial tal decision
