Montreal tenants fighting new landlord over right to keep animals

Tenants living at an apartment building in NDG are in a fight with their new landlord about having dogs in their homes.

The renters say the owner is being abusive by insisting they get rid of their animals even though they’ve had them for years.

“They’re trying to force out all of the dog owners, saying that we don’t have permission,” complained Matt McCue, one of the tenants.

“They gave us 25 days, only 25 days, to find a new apartment in the middle of winter and in the middle of COVID.”

He and five other tenants with whom Global News spoke believe the landlord is being unfair since, according to them, the previous owner allowed them to keep the dogs even though it is indicated in the lease that dogs were forbidden.

“On our lease contract it is written that we have an exception by the old landlord,” said Sarah, another tenant who declined to give her last name.

“Yeah, they told us,” said Naomie Lussier, a neighbouring tenant.  “We had a proof by email that they were OK with dogs.”

Some tenants have now received notice to attend a hearing before the province’s housing tribunal.

According to Sarah, the whole process is very stressful.

“Our dog is emotional support for us,” she explained, “and they told us you have 25 days to get rid of your dog, or we will break the lease.

“That was something way too hard for us to just decide.”

She added that it’s hard to find an apartment where the owner accepts dogs.

Animal advocates say there is a scarcity of animal-friendly rental spaces. The Society for the Prevention of Cruelty to Animals (SPCA) concurs and is currently lobbying the government to ban no-pet clauses in residential leases.

But until that happens, those emails allowing them to keep pets may not be enough.

According to one housing rights advocate, renters in such situations do have a defence.

“Because a long period went with pets being tolerated, despite the original clause in the lease, that’s called a toleration agreement,” explained Arnold Bennett, director of the Housing Hotline.

However Jamie Benizri, tenant’s rights lawyer believes the law is on the new owner’s side

“They’re not bound to accept the tolerance that existed between previous owner and tenant,” he pointed out.

He argued any toleration agreement outside the lease, even if it’s written, might be hard to defend.

McCue and other tenants now wait to see how the tribunal rules.

Global News reached out to the landlord for comment but did not hear back.

4:02 Petition to end “no-pets” clause in leases