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Old July 8th, 2011, 04:07 PM
poo poo is offline
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get rid of dog in 20 days

I have 12.5 years old small dog. She is my only family. My dog is quiet. All she wants is being with me.
I have been living this apartment in Montreal since summer of 2008. When I moved in, the previous concierge permitted me to have her and that’s why I chose this apartment. The thing is it was done orally. This building has been having dogs/cats for a long time. Now it is down to two or three.
When I demanded respect my privacy by calling before visit, the concierge M (new one) told me he wouldn’t confirm because “I am the boss of the building, if you don’t like, find an apartment!”, and mentioned that everyone else obeys what he says but me.

Two days after I noticed paper at the door. I don’t know how it got inside. If it’s bailiff, does he have a right to enter my place? I don’t know all those things.

Basically the letter says that I had to get rid of my dog in 20 days because the lease said ‘no animal’. I was in shock that they used ‘get rid of’. It is life. It is not like something we throw it into garbage bin. Isn’t the welfare of animal respected? If my dog loses me, she will lose her mind and suffer more than I do. It probably kills her. My dog is old. She doesn’t have much left. The concierges have at least one small one themselves. They know how I feel about my dog and do this to me to harass me because I brought up some issues lately (drinking water safety and I don’t obey them). Or they were waiting chance to get more money? The letter also indicated the damage has to be paid kind of thing. How can she damage the building?

Yet, the letter is not telling me to move out. It seems they want me to break the lease so that they can get penalty.

And my dog is the only excuse that they could find since I never late to pay rent, no party, clean, etc…
Anyway, involving an innocent life for the business doesn’t seem right.

Financially, I won’t be able to buy a house and not be able to hire lawyer. So there is nothing I can do and am waiting to be called by the court. I have no idea what to come.

Do you know a way of saving my dog? Do you know what is going to happen to ? Does authorities come and take my dog away? Are they going to kill her? All we want is peaceful quiet life together.
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  #2  
Old July 8th, 2011, 04:21 PM
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chico2 chico2 is offline
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OMG Poo,I don't know about Montreal,but I don't think those people have a leg to stand on,since you have been there with your dog since 2008.
It would be inhumane to"get rid of"an elderly dog,maybe you can contact a newspaper to do the story. Good Luck!
Hopefully someone from Montreal can tell you about the legal issues.
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Old July 8th, 2011, 05:04 PM
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First of all contact whatever landlord and tenant act people you have there in quebec...I know in ontario it is against the law to dictate to you what you do in YOUR living space, regardless who owns it, as long as you do no damage and cause no problems no one can tell you what to do or not to in your apartment/condo/house. And here any clause about not having pets is not binding, signed or not.
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Old July 8th, 2011, 05:39 PM
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cpietra16 cpietra16 is offline
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that doesn't sound right...I found this out for you..but I am sure others will have more information..if nothing else call the McGill Law departement...they give free consultation..at least they did for my divorce....good luck


An Act Respecting the Regie du Logement, R.S.Q. c. R-8.1

The Civil Code of Quebec, S.Q. 1991, c. 64



Pets and smoking

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

A landlord may refuse to rent to a tenant who has pets. The landlord cannot refuse to rent because a person smokes, but may prohibit smoking in the building. 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.
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Old July 8th, 2011, 11:32 PM
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Claudia36oh Claudia36oh is offline
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Oh, that is horrible..I would also contact maybe the newspaper or even the local news, after 3 years they want her gone, that's not right...fight for your little girl..I will help if you need it
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  #6  
Old July 11th, 2011, 07:55 AM
poo poo is offline
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Thank you everyone for kind advice.
I found free consultation, through McGill Law Dept (thank you for the idea!), at Y. I was suggested to respond to the letter and then if I don’t like their reply, the next step will be considered.
Yes, I also wrote CTV Montreal's "On Your Side”.
I will post the update. It may help others in the future.
Thanks again.
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Old July 11th, 2011, 07:58 AM
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http://www.rdl.gouv.qc.ca/en/accueil/mission.asp

This is the organization that handles landlord/tennant disputes in QC and no lawyers need be hired. AFAIK, if it's not in your lease that you cannot have pets, then your case is incredibly strong. If no neighbors are complaining and it's just the landlord, your case is still likely strong. Either way, it's up to the landlord to file all kinds of paperwork to kick you out and this is a very slow process. If it did go to "court" (a special court only for these exact things) I do not believe it would cost you any money at all.
Good luck!
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Old July 11th, 2011, 10:42 AM
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Quote:
Originally Posted by marko View Post
http://www.rdl.gouv.qc.ca/en/accueil/mission.asp

This is the organization that handles landlord/tennant disputes in QC and no lawyers need be hired. AFAIK, if it's not in your lease that you cannot have pets, then your case is incredibly strong. If no neighbors are complaining and it's just the landlord, your case is still likely strong. Either way, it's up to the landlord to file all kinds of paperwork to kick you out and this is a very slow process. If it did go to "court" (a special court only for these exact things) I do not believe it would cost you any money at all.
Good luck!
Marko - the landlord is not kicking out the tenant. The landlord has told the tenant that they have 20 days to "get rid of the dog".

Here is another site that may help a bit.............
http://www.cmhc-schl.gc.ca/en/co/reh...h/fash_011.cfm
Interesting that they lump pets and smoking together. I bolded the paragraphs that are pertinent to your case.


Pets and Smoking

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

A landlord may refuse to rent to a tenant who has pets. The landlord cannot refuse to rent because a person smokes, but may prohibit smoking in the building. 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.

*** Please note - It says the landlord may apply for a court order to have tenant cease activity. In your case getting rid of your dog. I don't believe they can tell you that quickly to do so. Also - they would have to justify why you have to "get rid of your dog" when you say they have one or two themselves. No double standards.
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  #9  
Old July 11th, 2011, 04:19 PM
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Poo,I am so pleased you got some help,good luck to you
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Old July 11th, 2011, 11:40 PM
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The letter you found in your home...could it have been slipped under the door? If not, the concierge let himself in without your permission which is against the law. A bailiff always has you sign a form to confirm reception of a document. If this happens again, please call the police and file an official written complaint of unlawful entry. Ask for a copy for your records. As for visits to your home, you must receive a 24 hour notice unless it's an emergency (example, a pipe burst and is leaking into the apartment beneath you).

Who is this letter signed by? Is the concierge also the owner of the building or is he employed by the owner? If it's the latter, I would suggest you contact the landlord by writing and explain what is going on (you'll find name and address on your lease). Any official notice to tenants by landlords must be either hand delivered, sent by registered mail, or personally handed to you by a bailiff. All three require a signature to confirm receipt in order for it to be considered in any court including the Regie du Logement.

Please rest assured that no one can come into your home and remove your dog just because the new concierge decided to change the rules. It would seem to me that he is trying to intimidate you for reasons unknown to us. Please keep careful notes of dates and times he's made any contact and threats against you.

I'm sorry you have to go through this. Please keep us updated and don't hesitate to ask for help.
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Old July 12th, 2011, 09:32 AM
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Quote:
Originally Posted by poo View Post
Thank you everyone for kind advice.
I found free consultation, through McGill Law Dept (thank you for the idea!), at Y. I was suggested to respond to the letter and then if I don’t like their reply, the next step will be considered.
Yes, I also wrote CTV Montreal's "On Your Side”.
I will post the update. It may help others in the future.
Thanks again.
Good Luck!
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  #12  
Old July 12th, 2011, 10:07 AM
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marko marko is offline
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Quote:
Marko - the landlord is not kicking out the tenant. The landlord has told the tenant that they have 20 days to "get rid of the dog".
Yup - I got that. But if Poo doesn't listen to the landlord what choice will the landlord have except to try to evict the tenant?... and the landlord may well have a hard time doing that....especially if the tenant can prove that the landlord also has a dog. Glad u are getting help Poo!

One thing that was written by LP which i believe is only partially true, is that any official notice need not be sent by a bailiff in this case. it NEED be sent by some sort of registered letter with tracking which is way cheaper.

AFAIK - landlords need a bailiff only after you have been actually evicted (through a ruling by regie du logement) and you still refuse to leave. Good luck again!
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