By Rola Hamdan, Residential and Commercial Real Estate Broker
Last Update: May 26, 2026
In the wake of the decision, landlords retain the right to include a no-pet clause in a Quebec lease. The legislation has not changed.
What has shifted is the case law. A no-pet clause can now be challenged before the TAL, which has established that a blanket prohibition on pets may infringe on a tenant’s fundamental rights, particularly when the animal causes no nuisance.
On March 12, 2026, the tribunal ruled that a lease clause prohibiting pets in a rental unit was unreasonable, abusive, and contrary to the Quebec Charter of Human Rights and Freedoms.
The Montreal SPCA intervened in the file to defend the position that this type of prohibition is unjustifiable. In striking down the clause, the tribunal noted that the animals that had successively lived in the unit since 2011 had never caused damage or generated complaints from neighbours.
Administrative judge Suzanne Guévremont stated that “a general prohibition on keeping an animal in a rental unit constitutes an oppressive and unacceptable intrusion into a person’s family life, within their own home.”
She also underlined that “the evolution of animal protection laws in Quebec law reflects current society and now recognises the deep bond that forms between a human and their companion animal.”
The tribunal relied on a “liberal interpretation” of the Quebec Charter, combined with the preamble of the Animal Welfare and Safety Act, to conclude that the clause infringed on the tenant’s rights to liberty and privacy.
Rights remain intact in the short term. The no-pet clause stays enforceable in the lease, but contesting it becomes a foreseeable outcome in files where the tenant can demonstrate the absence of nuisance.
Several principles are worth noting:
For owners of higher-end rental properties, where leases often include detailed clauses governing the use of the unit, the ruling is an invitation to revisit how no-pet clauses are drafted, so they rest on specific justifications rather than a blanket prohibition.
The position of a tenant whose animal causes no damage or nuisance is strengthened. The precedent can be invoked in any contestation of a no-pet clause before the TAL.
That said, the ruling does not apply automatically to every situation. Each file is still assessed individually by the tribunal, based on the facts specific to the unit and the behaviour of the animal.
The Montreal SPCA welcomed the ruling. Me Marie-Claude St-Amant, lawyer representing the organisation, indicated that the tenant in this file will not have to choose between keeping a member of their family and being able to find housing. She considers that the ruling will have repercussions on other disputes concerning the validity of no-pet clauses.
The Corporation des propriétaires immobiliers du Québec (CORPIQ) offers a different reading. Its spokesperson, Éric Sansoucy, argues that the ruling essentially overrides a contractual agreement between landlord and tenant. He notes that a Quebec lease already includes a dedicated section on accepting or refusing pets, and that landlords retain the right to authorise or prohibit pets according to their own judgement.
“We need to analyse what this ruling actually says, because in the end, the TAL is going against its own regulations to some extent,” he stated.
According to Mr. Sansoucy, the numbers speak for themselves, and landlords are already very accommodating when it comes to pets.
A Léger survey conducted in January 2026 for Vivre en ville reveals that 69% of tenants say they have the right to keep a pet in their rental unit. In practice, 45% of Quebec tenants have a pet at home.
The CORPIQ spokesperson believes that cohabitation with pets generally goes well in Quebec, which explains why roughly one in two tenants owns one. Landlords support maintaining the current regulations, which protect both tenants and landlords and their properties, he concludes.
The circumstances of this case are quite unique. The tenant had been living in the unit since 2011 and always had pets, despite a written ban in the lease and the building’s regulations.
Three landlords succeeded one another during this period, each with a different level of tolerance regarding the presence of pets in the unit. The situation does not reflect that of the majority of Quebec tenants with pets, but it triggered a legal process that could have lasting repercussions.
On Thursday, September 28, 2023, the Montreal SPCA appeared before the TAL to present its position on the lease clause banning companion animals in rental housing, in the context of the dispute between the tenant and his landlord.
The landlord was attempting to evict the tenant for non-compliance with the pet ban clause. During the hearing, administrative judge Me Camille Champeval was informed that the landlord was dropping his eviction request and selling the building, allowing the tenant to remain in his apartment. The case nevertheless continued through to the March 2026 ruling.
The ruling acknowledges that a blanket ban on pets in a residence may infringe on tenants’ fundamental rights. A tenant whose pet causes no damage or nuisance could now rely on this decision to challenge a no-pet clause.
The ruling was issued in a specific case involving particular circumstances. It does not automatically apply to all housing units. Each situation may be evaluated on a case-by-case basis by the TAL.
A landlord may take legal action if a tenant fails to comply with the terms of the lease. However, this ruling shows that the TAL may consider the tenant’s fundamental rights and the animal’s behavior in its assessment. If your pet causes neither damage nor nuisance, your position could be strengthened.
Commencez par documenter les raisons qui justifient votre position : dommages antérieurs, plaintes de voisinage, contraintes liées à l’immeuble. Le jugement du TAL a mis l’accent sur le fait que l’animal du locataire n’avait causé aucun problème. En cas de litige, des preuves concrètes de nuisance ou de dommages renforceront votre dossier devant le tribunal. Il est aussi recommandé de consulter un conseiller juridique pour évaluer vos options.
For media inquiries or expert commentary from Rola Hamdan, a Montreal real estate broker with over 25 years of experience in finance and real estate, send an email to: rhamdan@profusion.global.
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