The tenant appealed against a decision of the Régie du logement ordering him to dispose of his two dogs who live with him in an apartment of the Office Municipal d’Habitation. The tenant argued that the presence of his Schnauzer dwarf at his side is necessary for his well-being and that other small pets are allowed in the building (cats, birds, etc…).
The right of an owner to prohibit animals in his housing, with a clause adopted in the common interest and for the welfare of all occupants of the building, has been recognized by the judgments of the Régie du logement and is even the subject of a clause in the lease.
Rent reduction may be requested by a tenant as soon as he suffers from a malfunction of equipment, a breakage, a disability or a disorder in the enjoyment of the dwelling.
However, this right is not absolute, the tenant should not be the cause of the problem and the problem must seriously and significantly affect the rental value of the housing.
In our view, it is not good practice to sign the lease and retain a copy of the tenant for any reason whatsoever. Even less, to carry out an assessment of the tenant.
The law provides that the landlord shall, within ten days after the conclusion of the lease, deliver a copy of the lease to the tenant. In no way it is mentioned that either the tenant or the landlord owner, has a possibility to change his mind on the contract he signed.
In a judgement of the Superior Court of Québec1, the Court ordered a co-owner to stop cluttering his patio, garden and parking space with personal property, as well as decrease the amount of furniture items inside his dwelling unit, as this violates the declaration of co-ownership and municipal regulations.