No-pet clause violates Quebec charter, rules tribunal

The no-pet clause violates the Quebec Charter of Rights and Freedoms, according to a ruling by the Tribunal administratif du logement (TAL).

The no-pet clause, imposed by some landlords in Quebec to bar people with animals from living in their buildings, violates the Quebec Charter of Rights and Freedoms, according to a ruling by the Tribunal administratif du logement (TAL).

The case was brought forward by lawyer Kimmyanne Brown on behalf of a tenant who claimed the lease clause prohibiting pets in dwellings contravened her charter rights.

• READ MORE: Montreal SPCA backs tenant fighting no-pets clause at housing tribunal

In its decision on March 12, 2026, the Tribunal concluded that the provision indeed violates Articles 1 and 5 of the Charter, which guarantees respect for a person’s dignity, freedom and privacy.

“This important decision affirms the notion that no-pet clauses constitute an intrusion into tenants’ private lives and an infringement on their right to liberty,” said Brown, president and co-founder of Défends-toit, a legal organization that represents tenants.

The group calls the ruling a “major turning point for the protection of tenants’ fundamental rights in Quebec.”

• READ MORE: Vet fees, no-pet clauses causing spike in abandonment as moving day looms

“A tenant should not have to choose between their home and a member of their family,” said Brown, adding that hundreds of animals are abandoned each year. “Pets play a real role in the emotional and family lives of many people.”

She claims that the clause has “often been used as a tool of pressure by certain landlords to force a tenant to give up their pet or leave their home, even in the absence of any actual harm.”

The landlord has 30 days to appeal the decision.

Ongoing battle

The Montreal SPCA says it has been involved in this particular dispute since 2023, though the organization has been vocal about the no-pet clause for over a decade.

“We’re very pleased with this decision, with the conclusion of the court, which is that no pet clauses are abusive, unreasonable and contrary to certain fundamental rights protected by the Quebec charter,” said Sophie Gaillard, director of animal advocacy and legal and government affairs at the Montreal SPCA.

• READ MORE: Montrealers still struggling to find pet-friendly apartments

She explains that though the TAL’s decision speaks specifically to the individual case, the judge’s reasoning is “actually very broad.”

“Even though this decision isn’t technically binding on the tribunals, it can certainly pave the way for more favourable decisions in future cases,” said Gaillard.

“It’s not like it will automatically, overnight, render everybody’s no-pet clauses in their lease void. However, it will certainly increase the chances of anyone going before the tribunal on a case like this; it’ll increase their chances of winning their case.”

She says the SPCA hopes the decision will put pressure on Quebec’s political parties to commit to a ban on no-pet clauses.

• READ MORE: The quietest victims of Montreal’s low vacancy rate: abandoned pets

“In this specific case, there was no evidence at all that the animals were causing any kind of inconvenience,” Gaillard said.

“The judge concluded that animals are now members of the family, and so telling someone they can’t have an animal amounts to dictating to someone the composition of their family, telling them your family can look like this, but not like this, and that’s really when it becomes intrusive and gets into the territory that’s protected by the right to privacy under the Charter of Human Rights and Freedoms.”

• READ MORE: 52 per cent of Quebec households have a cat or a dog, the highest rate ever

The SPCA adds that 620 animals were placed on its doorstep in 2025 alone.

“It’s close to two animals per day on average who are surrendered to our shelter due to housing issues,” said Gaillard.

“This is the case across the province, and we’ve seen in the last six years a steady increase, a consistent increase in the number of animals surrendered to our shelter. So, this is an increasing problem due to the housing crisis, due to the economic situation. It’s really become a huge issue.”

‘Rock and a hard place’

Martin Messier, president of the Quebec Landlords Association, says the decision places homeowners “between a rock and a hard place.”

“We have, as a landlord, to guarantee that there is no trouble with a building,” he said. “If we have pets that are not taken care of properly, and then we have complaints about those pets, it is a problem.”

He states this could cause problems for landlords in the future.

• READ MORE: Costly cuddles: French bulldogs among those being surrendered at concerning rate

“The fact that we would be forced to have a pet without recourse, basically, is really difficult,” said Messier. “We’ve been saying for a long time: the pet is not the problem. It’s always the pet owner that is the difficulty in a situation [where] people are not taking care of their pet properly, so that’s when we have trouble.”

He points to property damage, as well as the disruption of the “peaceful enjoyment of the premises,” as examples of potential problems.

• READ MORE: Pet abandonments in Quebec used to spike around Canada Day; now they’re year-round

“We think that the landlord should be able to decide whether or not the pets are allowed in the building,” said Messier. “But we really think, and we’ve been saying it for a long time, that if we implement a possibility of having a [security] deposit, a lot of landlords will be more than willing to accept pets in the unit.”

Building rules

As it stands, the Civil Code of Quebec has no official ruling when it comes to animals in rental properties.

“Your lease and the rules of the building will state whether animals are allowed,” explains Éducaloi, an independent non-profit that aims to improve access to judicial knowledge in Quebec. “When you sign a lease, it’s up to the landlord to tell you whether pets are allowed.”

It explains, for example, that if a lease states a tenant cannot have a dog but names no other animal, a person could reasonably conclude that cats, rabbits or other pets are allowed.

• READ MORE: Montreal SPCA defends tenant being evicted for having a pet

“If the lease or the building bylaws clearly state that animals are not allowed, then you must obey this rule,” Éducaloi explains. “The landlord can insist that you respect the terms of your lease.”

The only current exception is if an animal is associated with a tenant’s disability or therapy.

Éducaloi explains that a landlord has the right to demand that a tenant remove their pet if the no-pet clause is clear or owernship obligations are not met (such as keeping a dog on a leash or cleaning up a litter box).

• READ MORE: SPCA advocates hope Quebec is open to ditching no-pet clause

“The landlord can even apply to the TAL for an order cancelling your lease if your failure to respect your obligations causes serious harm to the landlord or to other tenants,” the organization notes. “This could happen, for example, if your dog is damaging the window frames and floors.”

It encourages anyone who takes issue with the matter to file a report with the Tribunal administratif du logement (TAL).