Montreal, June 27, 2022 --- As July 1 approaches, various organizations, such as the SPA (i.e., la Société Protectrice des Animaux de Québec), are campaigning for the prohibition of the clause allowing rental building owners to prohibit animals in a dwelling. These organizations argue that the law already protects landlords since they can open a file at the Administrative Housing Tribunal (TAL) for damages.
The Association des Propriétaires du Québec (APQ) wishes to rectify this statement because the reality is quite different. Legal procedures exist indeed, but the consequences for the recalcitrant are almost nil and the owner will suffer all financial losses to then attempt to recover the sums due at great expense, long delays and the chance of recovering the often low or non-existent sums.
Housing damaged by the tenant’s animal
Clawed floors, nibbled threads, carpets that serve as litter ... This are not only stories from the old days but the reality of some dwellings whose tenants do not take care of their animals.
“Even though half of Quebec dwellings have a domestic animal, there is a big difference between tenant and owner. When you are an owner, you will pay out of your own pocket for the work related to the damage done by your pet. As for the tenants, how many will assume these costs? Unfortunately, very few tenants will.” 52% of Quebec households have a domestic animal, according to a Leger survey conducted this Fall. (1)
A security deposit should be allowed in order to guarantee both the condition of the dwelling at the outset and the abandonment of a domestic animal in the dwelling.” There are several ways to set up the security deposit, but it still requires the government’s will to set it up!” adds the APQ.
The Association des Propriétaires du Québec (APQ) is of the opinion that the possibility of requesting a security deposit, when signing the lease, would open the door to domestic animals with more owners and limit the abandonment of animals by their tenants.
Let us remind that the owner has the right to refuse domestic animals in his rental building. He transcribes this prohibition in the lease and the tenant must respect it, except in special cases, such as a MIRA guide dog.
A simple solution that will apply to all tenants: the security deposit.
“It will be necessary to wait and see whether the Government will grant rental property owners the right to request a security deposit. A legislative change is needed for rental housing owners, just as the Government has granted changes to tenants’ rights, indeed several rights over the years,” the APQ concluded.
Disturbance of enjoyment of the premises for the neighbours
Many animals will howl when they are alone in their dwelling. The owner must ensure the peaceful enjoyment of all in the building, but how can he deal with barking animals when they are left unattended by their masters?
The responsibility for providing peaceful enjoyment of the premises to the tenants rests with the owner of the building while the problem comes from the occupants, and therefore often from the other tenants of the building.
(1) https://www.amvq.quebec/fr/nouvelles/sondage-sur-le-nombre-de-chats-et-de-chiens-au-quebec
(2) Article 1854 : " Le locateur est tenu de délivrer au locataire le bien loué en bon état de réparation de toute espèce et de lui en procurer la jouissance paisible pendant toute la durée du bail. Il est aussi tenu de garantir au locataire que le bien peut servir à l’usage pour lequel il est loué, et de l’entretenir à cette fin pendant toute la durée du bail."
(3) P16 https://www.tal.gouv.qc.ca/sites/default/files/Rapport_annuel_2020-2021.pdf