Wondering if you can bring your emotional support animal (ESA) when renting in Quebec? Many tenants rely on ESAs for mental health reasons but are unsure of the rules in their province. This guide explains your rights as a tenant under Quebec law, details your landlord's obligations, and shows how to request accommodation for your support animal.

Your Right to Keep an Emotional Support Animal in Quebec

In Quebec, the right to keep an emotional support animal is not explicitly addressed in the main tenancy law, but accommodations may be protected by human rights legislation. Tenants with a disability who require an ESA may be entitled to keep their animal, even if the lease has a "no pets" clause, provided that certain conditions are met. This right is grounded in the Quebec Charter of Human Rights and Freedoms^[1].

Understanding the Law in Quebec

The main rental law in Quebec is the Civil Code of Quebec^[2], which does not specifically address emotional support animals. However, the Quebec Charter requires landlords to offer reasonable accommodation for tenants with disabilities. This means they must allow an ESA if it is necessary for your mental or physical health, unless the landlord can prove allowing the animal causes undue hardship.

Landlord Obligations and Reasonable Accommodation

If you need an emotional support animal, you should make a written accommodation request to your landlord. Attach a supporting letter from a licensed healthcare provider explaining why the animal is medically required. You are not required to disclose your entire medical history, only sufficient information for the landlord to understand the necessity of the ESA.

• A landlord cannot refuse your application solely because of your support animal, unless they can show undue hardship (e.g., allergies or insurance issues).
• No extra deposits or fees can be charged simply for having an ESA. Quebec law limits types of deposits landlords can require. For more information, see Understanding Rental Deposits: What Tenants Need to Know.
• A landlord may set reasonable conditions (such as ensuring the animal does not disturb other tenants or damage the property).

It's important to note that emotional support animals are not the same as service animals (like guide dogs for people with vision disabilities). However, both are protected when medically necessary for a disability.

How to Request Accommodation for Your ESA

If you believe you need an emotional support animal, follow these steps to request accommodation:

1. Obtain a Letter from a Licensed Professional: Ask your doctor, psychologist, or mental health provider for a letter stating your need for the ESA as part of managing your disability.
2. Write a Formal Request: Clearly state that you are making a request for reasonable accommodation under the Quebec Charter of Human Rights and Freedoms. Attach your medical letter.
3. Submit Your Request in Writing: Give this to your landlord and keep a dated copy for your records.
4. Keep Communication Polite and Documented: If your landlord has concerns, respond calmly and in writing. If necessary, seek advice from the provincial tribunal or a tenant advocacy group.

If your landlord refuses your request, you may file a complaint with the Tribunal administratif du logement (TAL), Quebec's housing tribunal, or the Commission des droits de la personne et des droits de la jeunesse (CDPDJ) for discrimination claims.

Tip: Always make requests and agreements about your emotional support animal in writing. This provides a clear record if disputes arise.

Relevant Forms and Where to File

• TAL Application Form (Demande au TAL): Use this form if you need to resolve rental disputes, such as a landlord's refusal to accommodate your ESA. Download from the official TAL forms page.
• CDPDJ Discrimination Complaint Form: If you experience discrimination based on disability, file a complaint via the Commission's online complaint portal.

Before applying, consider informal resolution and always consult official guidance when available.

What Happens If Your Landlord Refuses?

If a landlord does not allow your ESA, despite a valid medical need, you have the right to challenge this. The main steps include:

• Contacting the TAL to resolve your dispute.
• Filing a discrimination complaint with the CDPDJ.
• Seeking assistance from a community legal clinic or tenant organization for support throughout the process.

Quebec's housing laws can be complex. For more details about rights and obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and Tenant Rights and Landlord Rights in Quebec.

Looking for a rental property that accommodates your needs? Find rental homes across Canada on Houseme and use the platform's search filters to find pet-friendly or accessible listings.

Frequently Asked Questions About Emotional Support Animals in Quebec Rentals

1. Can a landlord refuse an emotional support animal in Quebec?
   Only in rare cases where they can show undue hardship, such as significant allergies or insurance issues. Otherwise, they must accommodate you if you have a medical need.
2. Do emotional support animals count as pets under the lease?
   Generally, ESAs for medically documented disabilities are considered an accommodation, not a pet. This means "no pets" rules may not apply if proper documentation is provided.
3. Can a landlord charge a deposit or fee for an emotional support animal?
   No, Quebec law does not allow landlords to demand additional deposits or fees just for having an ESA.
4. What if my ESA causes damage or bothers other tenants?
   You are still responsible for ensuring your animal does not cause disturbances or property damage. Landlords can ask you to address valid issues or, in rare cases, apply to the TAL for remedies.
5. Which tribunal deals with ESA disputes in Quebec?
   The Tribunal administratif du logement (TAL) handles rental and accommodation disputes in Quebec.

Key Takeaways

• Tenants in Quebec may be entitled to keep emotional support animals if medically necessary, even with "no pets" leases.
• Request accommodation in writing, with a doctor's letter, and know your rights if challenged.
• The TAL and Quebec human rights commission can help resolve your rental disputes or discrimination issues.

In summary, while ESAs are not covered by specific rental law, human rights protection means landlords must provide reasonable accommodation for disabilities. Understanding these rights helps keep your housing secure.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL) – Information on tenant rights, dispute resolution, and forms.
• Commission des droits de la personne et des droits de la jeunesse (CDPDJ) – File discrimination complaints and access educational resources.
• Local legal clinics – Get free or low-cost help navigating accommodation requests.
• Tenant Rights and Landlord Rights in Quebec

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1. [1] Quebec Charter of Human Rights and Freedoms
2. [2] Civil Code of Quebec

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