In 2025, the Administrative Housing Tribunal (TAL) issued a decision calling into question the validity of no-pets clauses in rental leases in Québec, on the basis of the Québec Charter of Human Rights and Freedoms. This ruling has been appealed to the Superior Court — it is not final law. But it has already sent a chill through plex owners on the North Shore who rely on these clauses to manage their income properties. Here is the complete picture of where things stand, and what you can do today to protect yourself.
What is a no-pets clause and how does it work?
A no-pets clause is a provision added to a lease that prohibits the tenant from keeping animals — in full or in part (certain species, certain sizes, etc.) — in the rental unit. For years, Québec landlords have routinely included such clauses in their leases, and the TAL generally enforced them when owners sought to have them respected.
In theory, if a tenant violated a no-pets clause, the owner could file an application before the TAL to have the clause enforced or, in the most serious cases (repeated damage, disturbance to other tenants), to obtain the resilience of the lease. In practice, enforcement was uneven.
The TAL decision — and its current status
In 2025, the TAL issued a notable decision declaring that a no-pets clause constituted a form of discrimination based on social condition under section 10 of the Québec Charter of Human Rights and Freedoms. The reasoning: prohibiting pet ownership — a practice associated with a person's way of life and social situation — could amount to unlawful discrimination.
Important: this decision is currently under appeal
The TAL ruling has been appealed to the Québec Superior Court. Until the Superior Court rules, the decision does not create a binding legal precedent. No-pets clauses inserted in leases at the time of signing remain valid and currently enforceable. Monitor this case closely if you manage rental properties on the North Shore.
The Québec Charter argument — what it means for owners
The invocation of the Québec Charter in a housing context is significant. The Charter has a quasi-constitutional status in Québec — it overrides most legislation and contracts. If the Superior Court upholds the TAL's reasoning, no-pets clauses in residential leases would be null and unenforceable across Québec, regardless of what the lease says.
This is very different from a standard TAL ruling on a lease provision. A Charter-based finding cannot be "fixed" by redrafting the clause — it would mean pet ownership is a protected right in a rental context, period.
What may change vs. what stays true — 4 key aspects
| Aspect | If the TAL ruling is upheld | If the ruling is overturned |
|---|---|---|
| No-pets clause validity | Null — unenforceable for all Québec rental leases | Valid — continues as today |
| Owner's recourse for damage | Intact — TAL recourse for damage caused by the animal remains | Intact |
| Requirement for tenant insurance | More important than ever — damage mitigation | Already advisable |
| Impact on plex value | Potential increase in damage claims and insurance premiums | Unchanged |
What recourse does an owner have if a pet causes damage?
Regardless of whether a no-pets clause is valid or not, a plex owner always retains the right to claim compensation for damage caused by a tenant's animal. This right flows from the tenant's general obligation to maintain the unit in good condition — an obligation that exists regardless of the presence of a no-pets clause.
Concretely, if a tenant's pet causes damage:
- Document the damage as soon as possible — photos, written reports, contractor estimates;
- Send the tenant a formal demand (mise en demeure) describing the damage and the amount claimed;
- If the tenant refuses to pay, file an application with the TAL for compensation;
- If you have tenant insurance requirements in the lease, contact the tenant's insurer — if the tenant has coverage.
"Regardless of how the courts ultimately rule on the no-pets clause, plex owners on the North Shore can always obtain compensation from the TAL for damage caused by a tenant's animal. The key is documentation."
— ImmoMulti team, income property investors, North Shore, June 2026
How to protect your plex today — pending the ruling
While the Superior Court deliberates, here is what plex owners can do now to minimize risk:
- Continue including a no-pets clause in new leases — it remains valid today and CORPIQ recommends doing so systematically;
- Require tenant liability insurance in every new lease — this is the most effective financial protection if a pet causes damage;
- Conduct thorough move-in condition inspections — a signed, detailed inspection report is your benchmark if damage disputes arise;
- Monitor the case's progress — a Superior Court ruling will have immediate province-wide effect;
- Consult a notary or housing lawyer before making any decisions based on this situation in your specific leases.
Tenant insurance: your best line of defence
Whether or not a no-pets clause holds up in court, a tenant with valid liability insurance covers damage caused by their animals through their own policy — protecting your plex insurance record and your premiums. Requiring insurance in new leases is a practical safeguard that works regardless of how the pet-clause debate resolves.
Does this affect your decision to sell your plex?
For plex owners on the North Shore who are already weighing a sale, the uncertainty around pet clauses is one more piece of regulatory risk stacking up — alongside Bill 31 lease assignment rules, TAL delays, and rising insurance premiums. If your income property is generating more headaches than returns, ImmoMulti buys plexes as-is, with tenants in place, with a confidential offer within 48 hours.
To understand how tenant-related factors affect your plex's value at sale, see: Tenants and plex value at sale and Tenant damage — TAL recourse and insurance claims.
Informational content only. Does not constitute legal advice. The TAL ruling on no-pets clauses is currently under appeal — the legal situation may change. Consult a notary or housing lawyer for advice tailored to your specific situation and leases.
