Oct 19, 2026
If your Quebec lease has a no-pets clause and your cat is already lounging on the sofa, you’ve probably spent the last seven months wondering if your landlord can actually enforce that restriction.
The short answer: the tribunal says no, but the law remains in limbo. In March, Quebec’s housing tribunal ruled that a landlord’s no-pet clause was unlawful and unenforceable because it violated the tenant’s Charter rights. However, because the landlord is appealing and Quebec hasn’t formally banned no-pet clauses in its civil code, the legal precedent is still being tested in higher courts.
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The stakes go beyond the pet. Lose the battle or move out just to avoid the drama, and you risk giving up an affordable lease you’ll have a hard time replacing.
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What did the tribunal decide — and who does it protect?
On March 12, 2026, administrative judge Suzanne Guèvremont of the Tribunal administratif du logement (TAL), Quebec’s residential housing tribunal, annulled a lease clause and building rule banning animals. She ruled that they violated the Quebec Charter of Human Rights and Freedoms, calling the rules unreasonable and abusive.
The tenant in this case assumed an existing lease. Her dog and cat were well-behaved, and management was already tolerating other animals in the building. Then a new owner, Amilis, bought the building and enforced the clause. Court documents indicate the tenant needed her pets for animal-assisted therapy.
Her own lawyer, Kimmyanne Brown, has stressed that the decision applies only to her client.
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Why can’t you rely on the ruling yet?
The landlord appealed, and the Court of Quebec heard arguments on Oct. 14. Amili’s attorney, Damarys Pineda, argued that the judge overstepped her authority by stepping into the role of the provincial legislature. An SPCA spokesperson said she expects more appeals, possibly up to the Supreme Court of Canada.
For now, the standard rules still apply. Guidance from Éducaloi, an independent non-profit that explains Quebec law, says on its website that tenants must obey a lease or building rule that clearly bans animals. The landlord can ask the TAL to break the lease if the pet is causing serious trouble for them or the neighbours.
What could a no-pet clause cost you?
The real risk is losing your apartment. According to the Canada Mortgage and Housing Corporation (CMHC), the federal housing agency, the average two-bedroom in Montreal rents for $1,346 a month. Long-term tenants often pay way less than what a brand-new listing on the market would go for. CMHC found roughly 40% of the increase in average two-bedroom rents came from units repriced higher when new tenants moved in.
The numbers add up quickly: a $200 monthly rent increase costs an extra $2,400 a year, without factoring in moving fees or overlapping lease payments.
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Giving up the pet carries its own cost. The Montreal SPCA has blamed rising surrenders on the cost of living and a shortage of pet-friendly rentals. They recorded 1,212 surrendered animals in just the first four months of 2025 — a 26% jump from the previous year.
One protection works in your favour. According to the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), the province’s real estate brokerage regulator, a landlord cannot require a security deposit when the lease is signed. That means no required pet deposit upfront, though you’re still on the hook if your pet damages anything.
When might a tenant still win?
Tenants won some cases before the March ruling. Summaries published by the TAL include cases where a pet-ban clause was found abusive or unreasonable for a particular tenant. Éducaloi points out that the TAL has occasionally allowed tenants to keep a pet if it serves a clear therapeutic purpose. It also says a new landlord may not be able to suddenly enforce a clause if a previous owner allowed the pet.
There’s a catch — the burden is on the tenant to prove the restriction is unreasonable.
What to do now
Before you contest a clause in your lease, hide a pet or sign a new lease, take these steps:
- Read the specific language in your lease and building by-laws; a ban on dogs doesn’t automatically mean cats are prohibited
- Ask your landlord for written permission and keep a copy
- Document your track record as a responsible tenant by gathering proof of no complaints or damages, past landlord consents, and any relevant therapy or medical letters
- Talk to a housing committee or legal clinic before filing at the TAL
- Make sure your tenant insurance policy includes liability coverage for any damage your pet might cause
- Compare the full cost of moving against staying before you give notice
If your landlord hasn’t brought up the clause, there’s no need to go looking for a fight. If they have, Éducaloi’s advice is the most practical starting point: “nothing stops you from trying to convince your landlord to allow pets.”
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Amy Tokic is an SEO content editor for Money.ca. She holds a B.A. in Communications from the University of Windsor. Amy is an award-winning author and has been writing professionally for 15 years, publishing articles in the lifestyle and health sectors.
