Montreal SPCA seeks to have no pet clause removed from leases

The SPCA was in front of the housing tribunal (TAL) Thursday morning. The organization is seeking to have intervener status in a case that involves a tenant being evicted for having pets.

The tenant's lawyer, Kimmyanne Brown, said the landlord brought the case to the TAL because pets are not allowed in the building.

However, Brown says the landlord is the new owner of the building. The tenant has been living in her apartment for more than 10 years, and the previous landlord always tolerated pets.

"The rent that my client is paying is way below the market," Brown said. "It was a tool to threaten the tenant, and, unfortunately, we see that quite often."

Brown says the landlord eventually dropped the case, but she is still fighting to have a no pet clause removed from the lease and building bylaws so her client doesn't have issues in the future.

The SPCA is seeking intervener status in this case because it wants to have no pet clauses banned across Quebec.

"We're really hoping that if it's been recognized by the Tribunal that it's invalid, it's going to be a case law, so it's going to be a decision that could be helpful for other tenants," said Marie-Claude St-Amant, partner at Melançon Marceau Grenier Cohen, LLP, who also chairs the SPCA's board of directors.

The judge in the case has not ruled on whether the SPCA can be an intervener.

It is unclear when a decision will be handed down.