Tag Archives: Landlord

Pet versus landlord

image Are the landlords still the Lords of their land? Can the Lord of the land tell us, ordinary people, what we can and cannot do, or have? What about tenants, don’t they have any rights?

One’s domicile is one’s castle. No one can violate one’s right to a private life, not even the so called Lord of the land. Every person in Quebec has a right to enjoy his or her property (e.g. one’s domicile and pets since both are property).

Landlords and the “Régie du Logement” are guilty of Human Rights’ violations if they enforce the “no pet” clause without proof of a “legal” nuisance or serious prejudice, as per the Quebec Charter of Human Rights, (C-12) for the simple reason “they don’t want pets in their buildings”.

Ontario makes such a clause in a lease invalid and void. In Canada the Criminal Code considers pets as property, as does Quebec’s Civil Code. No law can go against the Charter of Rights; article 6 entitles everyone to the enjoyment of their property.

The Régie du Logement is not a Court, but simply a Provincial administrative tribunal and the “Régisseur” is not a Justice of the Peace but an Administrative Justice. This is why they often ignore the Charter and rule in favor of the wealthier Lords of the land. They have very little legal competence, which is why the Superior Court of Quebec has a Judicial Review power over all tribunals and lower courts as they are a Court of Higher Competence. Perhaps they do not trust the competence of the lower branches of justice.

So what should one do if the landlord wants the removal of pets off their property? I suggest you tell them “speak to the hand”… and if the landlord pursues it and it goes in front of the Régie du Logement, argue the Quebec Charter and Civil Code. The landlord must prove that the pet causes a legal nuisance or causes him serious prejudice, therefore depriving him of his Rights, in order for the Régie to validate that another’s Humans Rights (the tenant’s) are allowed to be violated in order to protect his own legal right (the landlord).

If the Régie du Logement rules that the tenant must get rid of his/her pet, the tenant can then file a motion in Superior Court to obtain a Stay of Execution, while applying for a Judicial Review, against both the Landlord and the Régisseur.

If one chooses not to get rid of his/her pet, the Régie cannot terminate a lease on the basis that the tenant did not comply with the order to get rid of the pet. That would be “contempt of (bogus) court“, punishable by fines only. The landlord would then need to get a Writ of Seizure from the Courts of Quebec in order to enforce such order, thus “seizing” the pet. This cannot usually be obtained, unless the landlord can prove a nuisance or prejudice caused by the pet.

A landlord may refuse to rent to someone with pets, but cannot legally enforce it once the tenant has moved in, without that “Writ of Seizure” mentioned above.

If landlords want the right to refuse pets, they should pay higher City taxes than those who allow pets, in order to fund the City pounds/shelters who have to deal with the problems of pet abandonment created by landlords.

When landlords are faced with damages caused by the pets, they can take legal action against the tenants through Civil Courts in order to be financially compensated to repair damages.