A tenant’s refusal to dispose of his Pitbull leads to the termination of his lease
News
A recent Régie du Logement decision works as a reminder that landlords are held to provide tenants with peaceable enjoyment of the rented premises and can exercise their right to terminate a lease if a tenant is in the way of the covenant.
In this story, a tenant kept a Pitbull in his apartment. The latter did not stop barking and disturbing the other occupants of the building. His droppings, left piling on the floor, created an uninviting atmosphere. This also caused harm to the landlord when prospects were brought to the apartment for a scheduled visit. The Pitbull has even previously attacked another tenant’s dog, while they were outside the building. Because of the dog bothering the neighbours and the tenant’s other behavioral issues, the property owner requested the termination of the lease.
In light of the evidence, the court concluded that «the actions of the tenant were likely to disturb the peaceable enjoyment of the leased premises. The tenant acknowledged that his dog was sometimes uncontrollable, requiring him to put a muzzle. […] Living in a building with several apartments involves some freedom limitations, one of them being keeping animals that threaten the safety of other occupants in the building. »
The court maintains: «Having been served of the current application, the tenant had the opportunity to dispose of his dog, which he did not. The landlord’s request is therefore warranted. » Therefore, the lease is terminated.