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I need help, so worried

Rottielover
September 24th, 2009, 12:13 PM
Hey guys, I did not know where to post this. For 4 years the dogs have been great in the apt, best behavior, most people love them. Well I was just told that The landlord is PO'd. Many people in our complexes have dogs, some with issues, some not, well I was told a couple weeks ago when a certain dog goes infront of the window my dogs go nuts for a few mins. Understandable, this dog attacked roxy a year ago.
I know he has been trying to find a legal way to get rid of all the dogs, now I just have gotten a reg letter, have not picked it up, but I know it is from the land lord.
I need to protect the dogs, what can I do as a good tenant to keep them here, how can I fight this. My nerves are shot. I tried looking into the regie, but most in french, and I do not really understand my rights.

Macomom
September 24th, 2009, 12:21 PM
Hello Rottielover,

This is from the Canadian Housing and Mortage Corporation, under the Quebec legislation section.
http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/fash_011.cfm

My interpretation is to check your lease. Does it have a clause that says NO PETS are allowed. If so it looks like the landlord would have to prove that the pet(s) have been harmful, and possibly get a court order.


May a landlord refuse to rent to a tenant who has pets or smokes?

Yes, a landlord may refuse to rent to a tenant who has pets or smokes. However, if smoking and pets are allowed in the lease, or the lease does not address these issues, then they are permitted in the rental unit. The tenant should also consult the by-laws of the building they are renting as they may prohibit smoking or pets. The by-laws are considered to form part of the lease and the landlord is bound to give the tenant, before entering into a lease, a copy of the by-laws.

If a no pets and no smoking clause is written into a lease or a by-law and the landlord discovers that the tenant has a pet or smokes in the rental unit, is this grounds for the landlord to evict the tenant?

Yes, but only if the landlord can prove that this action by the tenant has resulted in a serious injury.

The landlord may also apply to have the tenant cease the offensive activity; i.e. for a court order to instruct the tenant to stop smoking in the rental unit or to get rid of the pet.

Other

A landlord may not refuse to rent to someone on the sole basis of that person being pregnant or having one or several children unless the size of the dwelling warrants it.

In cases of disagreement between the landlord and tenant, one of the parties should apply to the Régie du logement. Neither the landlord nor the tenant may take action, for example physically evicting a tenant, without a court decision.

pbpatti
September 24th, 2009, 02:17 PM
It looks like Macomom has some good advice for you. Please try not to worry, I know hard to do. My thoughts are with you and I hope for a good outcome.

Rottielover
September 24th, 2009, 04:53 PM
I just got off the phone with the Super, they are going to back me up if he decides he wants to go in front of the regie, as well as many others from my complex. Thank you MM for this info, I am going to read through it carefully tonight while daughter is in bed.

Macomom
September 24th, 2009, 05:23 PM
Rottielover,
Let us know if you get a letter from him.
I think he will have to prove harm to begin the process of eviction.

aslan
September 24th, 2009, 05:52 PM
Hey Rottie, if your laws are the same as here, then if the landlord has known all along that tenants had pets and allowed it, it makes the NO PETS clause nul and void. He at this point would have to prove either damage to the property, the peice of other tenants, or injury to someone. Let us know what happens.

Love4himies
September 24th, 2009, 06:14 PM
I hope it works out for you, Rottielover :grouphug:. It seems so unfair to change the rules.

ancientgirl
September 24th, 2009, 06:49 PM
Where I live, pets are allowed, but, since many people have been not good about picking up after their dogs, the management company wants to not allow any pets to new tenants. Only current pet owners will be allowed to keep their pets.

In your case, I don't see how they can after allowing pets, to now tell current tenants they cannot have pets. It makes no sense, to make people currently living there to get rid of their pets, or make them move.

Good luck to you.

Rottielover
September 24th, 2009, 07:47 PM
Ok I opened the letter, it says that there have been complaints about dogs in my building, and he is now warning us. I called the Super and told her, and she knows he can not do anything because my dogs have not harmed anyone, or destroyed their property. When I moved in, I openly gave them a damage deposit for the dogs, which is proof I am responsible. He has no case, but I have to say, if you do not know the laws, and rules it scares the hell out of you.
All I have to say is anyone being threatened by your land lord, find out your rights, what they say does not necessarily mean goes.
I appreciate all your help guys, if this later on becomes a battle of witts, I can tell you, I will never allow my dogs to leave, I am willing to fight, and they all know it. :)

Macomom
September 24th, 2009, 10:09 PM
Rottielover,

He did start a paper trail though- so watch out for this guy.
Don't throw that letter out and try to make sure your dogs are not violating even one of the rules. Make sure your dogs are fully licensed with the city, take your dogs off the property if possible to relieve themselves etc..
I had a nasty landlord in my last apartment, which prompted me to by a house.
Good luck and keep us posted.
Cheers.

Rottielover
September 25th, 2009, 06:20 AM
I have never let the dogs eliminate on the property due to the fact Harley has a very weak stomache and I know on some days it is water, there are kids in the building, including mine, so I do not want them playing anywhere near them, they are always leashed.

Shaykeija
September 25th, 2009, 07:46 AM
Can you cover the window with that frosted stick on covering? It will let the light in and not let the dogs see out. Sir Quincy loves to bark at the mailman and then gets the other three going. So I frosted the window and they don't bark at what they don't see.

lUvMyLaB<3
September 25th, 2009, 07:47 AM
Similar happened to me, years ago, here in manitoba where pet owners have no rights. I rented a no pets house, but was given special permission, it was then sold, the new owner showed up one day and said he found dog poo down the lane, and was blaming the closest dog, i had 7 days to get rid of lady. . . I was at the rtb the next morning, they called the ll at work, and said he cant make me rid of her, he can make me not get more dogs, but cant make me get rid of mine, she was grandfathered into his new rules. He has to have PROOF of what your dogs are doing, just saying complaints arent good enough, he needs photos ect.

In my case i really pissed him off and he tried everything after that, we were just renting while we were building, ended up being a year and a half. . .so we didnt have to care so much. Just watch you stay in the rules so he cannot get proof and you should be fine, good luck!

t.pettet
September 25th, 2009, 06:56 PM
Its hard to know what goes on when you're not there but in this case you have a complaint about your dog's territorial behaviour at the window so cover all your bases and keep the dog out of that room when you're not there, that way there will be no more complaints.

Rottielover
January 5th, 2010, 07:06 AM
Just to let you guys know the update on this.... I won, my animals will forever be safe while I am living here. I do not plan on moving ever :)

Macomom
January 5th, 2010, 07:56 AM
CONGRATS!
You must feel so much better, more secure...
Good news- :grouphug:

Luvmypitgirls
January 5th, 2010, 01:51 PM
So glad to hear this worked out for you Rottie.
When I was younger and renting, I had to settle for some pretty "slummy" accomodations, to have my dog.
Now I notice more and more, even the most "slummy" of rentals aren't allowing pets, let alone nicer rentals.
I'm glad you will be able to keep your pets, and I agree with those that said to find a solution for the window so that there can be no more so called "complaints".