Chronicle for seniors

Pets in private seniors’ residences (PSR)

Published on March 12, 2025 by Estephany Fernandez Suero. Journal Les Versants, page 8.

Pets have been shown to have considerable benefits for seniors, both in terms of physical and mental health. When moving into an PSR, some seniors will want to bring along their existing animal companions, while others may wish to purchase their own.

A landlord may allow pets. However, he or she also has the right to refuse them. To find out what their rights are, tenants should refer to their lease and building by-laws, since they are contractually bound by these two documents. If these expressly forbid the presence of animals, the tenant must respect this clause, even if the animal causes no harm to the dwelling or other tenants. It is therefore essential to take the time to read the lease conditions before signing.

In the case of a lease with no mention to this effect, the tenant could, in theory, own an animal. In cases where the presence of animals is accepted, the tenant must still comply with the other obligations arising from the lease. These include proper use of the dwelling, not disturbing the enjoyment of other tenants in the building, and complying with health and safety standards.

Following the sale of an PSR, the new owners may wish to modify the right to own an animal. The fact of becoming a new purchaser of a building does not exempt the owner from respecting existing leases. The lease cannot therefore be modified at any time; it is only at the time of renewal that the owner could propose a modification. Tenants can then refuse the modification if they wish. The tenant will have to prove that the modification is abusive.

The exceptions

Certain exceptions exist and may allow a tenant to have a pet, even if the lease prohibits it. Indeed, several judges of the Administrative Housing Tribunal have granted this right because of the effects associated with pet therapy. However, this exception should not be understood as a simple avenue that is automatically exercised. It’s not enough to present an opinion that cites generally recognized benefits of having a pet on an individual. It is the tenant’s responsibility to prove the unreasonableness of this clause for them, based on a detailed medical opinion.

For assistance with your lease-related rights and obligations, contact CAAP Montérégie at 450 347-0670, ext. 108.