What every landlord should know about pet deposits in rental housing

If you own a rental building in Québec, the question of a pet deposit in rental housing in Québec has probably come up for you, especially since the decision rendered on March 12, 2026 by the Tribunal administratif du logement (TAL), Québec’s rental housing tribunal. The decision annulled a lease clause prohibiting pets, on the grounds that it contravenes Québec’s Charter of human rights and freedoms. Since then, the questions have multiplied: can you still refuse pets? Can you require a deposit? What is still allowed?

The short answer: a pet deposit in Québec is prohibited by law, but landlords still have legal tools to protect their investment. Here is what you need to know to handle the situation correctly.

Pet deposits in Québec for landlords: what the 2026 TAL decision changes

In a very thorough decision rendered on March 12, 2026, administrative judge Suzanne Guévremont annulled the clause of a lease and of a building by-law prohibiting animals, declaring it contrary to sections 1 and 5 of Québec’s Charter of human rights and freedoms (in French), unreasonable and abusive.

The judge ruled in particular that a total ban on keeping an animal in a dwelling constitutes an intrusion into the tenant’s private and family life, incompatible with the fundamental rights guaranteed by the Québec Charter.

This decision does not automatically create an absolute right for all Québec tenants to own pets. It is a TAL decision, which does not have the force of law, but it constitutes a significant case-law precedent. Other members of the Tribunal may draw on it in similar disputes, and it is reasonable to expect that total-ban clauses will be increasingly difficult to defend.

What this decision does not do

• It does not turn all ban clauses into automatic nullities
• It does not create the right to have any animal in all circumstances
• It does not suspend municipal by-laws on dangerous animals or limits on ownership
• It does not change the remedies available to the landlord in the event of damage caused by an animal

Pet deposits in Québec are prohibited, full stop

Unlike what is done in Ontario or France, a pet deposit is illegal in Québec. The reason is simple: the Civil Code of Québec prohibits any security deposit in a residential rental context, without exception.

Under article 1904 of the Civil Code of Québec (in French), the landlord may not require from the tenant, when entering into or renewing a lease, anything other than payment of the first month’s rent. No additional sum of money may be requested as a guarantee, whether for pets, potential damage or any other reason.

Requiring a pet deposit exposes the landlord to a complaint at the TAL. The tenant could obtain reimbursement of the sum with interest, and the practice could be documented in the rental file.

What landlords can still do

The prohibition of pet deposits in rental housing in Québec does not mean you have no leverage. Several legal tools remain available to govern the presence of animals in your building.

Include reasonable conditions in the lease

Even though a total ban is now legally risky, a landlord may include in the lease reasonable conditions governing pet ownership. These conditions must be proportionate and non-discriminatory.

Examples of conditions that may be defensible:

• Limiting the number of animals per unit (one or two)
• Requiring animals to be leashed in common areas
• Prohibiting species that pose a risk to other residents
• Requiring that the animal not cause nuisances (noise, odours affecting neighbours)

These conditions must be drafted carefully. Wording that is too broad or too restrictive may be successfully contested at the TAL, particularly since the March 2026 decision.

Want clauses drafted to hold up at the TAL? See our rental management and dispute services for professional support.

Use the building by-laws

The building by-laws are a complementary tool to the lease that make it possible to specify the rules of communal living, including with regard to animals. They must be given to the tenant when the lease is signed and can form an integral part of the contract.

Well-drafted building by-laws can provide for:

• The obligation to pick up droppings in outdoor areas
• A prohibition on leaving the animal alone to the point of causing repeated nuisances
• The obligation to inform the landlord of the presence of an animal and its species
• The consequences in the event of damage caused by the animal

Document and turn to the TAL in the event of damage

If an animal damages the unit or disturbs other tenants’ peaceful enjoyment, the landlord can file an application with the TAL to obtain compensation. This remedy remains fully available, regardless of the deposit prohibition.

Documentation is crucial: photos, inspection reports, written statements from other tenants, repair invoices. Without documentation, the claim is difficult to support.

For landlords who want support in managing these situations, our rental dispute management services include conciliation, preparation of TAL files and representation in the event of a dispute.

What it changes in the day-to-day management of your building

The following table summarizes what landlords can and cannot do regarding pets since the March 2026 decision.

What is allowed	What is prohibited
Reasonable conditions in the lease	Total ban clause (high risk)
Building by-laws on behaviour	Security deposit for pets
TAL claim for documented damage	Refusing a tenant because of their pets
Limits on the number or type of animal	Raising the rent because of the presence of an animal
Requiring that the animal not cause nuisances	Entering the unit without 24 hours’ notice

Managing pet-related clauses is one of the areas where landlords make the most mistakes, often out of unfamiliarity with the law in force. Since the TAL decision, the risk of seeing a clause successfully contested is higher than ever.

To understand how to effectively govern the presence of pets in your leases, this blog offers practical resources on rental management in Québec.

Conclusion

For any pet deposit in rental housing in Québec, the answer remains the same: it is prohibited. The March 2026 TAL decision also makes relying on a total ban in the lease more complicated. But landlords are not without resources: reasonable conditions, rigorous building by-laws and documented claims remain effective tools to protect their building.

Would you like to have your leases or building by-laws reviewed in light of the new legal realities? Request professional support in rental management and TAL disputes.

FAQ

What does the 2026 decision change for pet deposits in rental housing in Québec?

Since the TAL decision of March 12, 2026, clauses imposing a total ban on animals in a lease are considered contrary to Québec’s Charter of human rights and freedoms. As for any pet deposit in rental housing in Québec, remember that it remains prohibited by the Civil Code. Landlords may, however, impose reasonable conditions governing the presence of animals, such as limits on their number or behavioural obligations in common areas.

Can a landlord require a pet deposit in Québec?

No. Article 1904 of the Civil Code of Québec prohibits any security deposit in a residential lease, including for pets. Unlike Ontario or other Canadian provinces, no additional sum may be required for this purpose. Requiring such a deposit exposes the landlord to a complaint at the TAL and to reimbursement of the sum with interest.

What should you do if a tenant’s pet causes damage in Québec?

The landlord can file an application with the Tribunal administratif du logement to obtain compensation for damage caused by the tenant’s animal. It is essential to rigorously document the damage with photos, inspection reports and repair invoices. The absence of a security deposit does not mean there is no recourse, provided the evidence is well assembled.