The lessees sought :

• a rent reduction ($1,210)
• $212 in damages
• $3,000 in moral damages
• $1,000 in punitive damages

(monthly rent of $1,210)

The Tribunal awarded the lessees :

• A $500 rent reduction
• $1,000 in punitive damages

Water infiltration and the performance of work required to remedy it diminished the lessees’ peaceable enjoyment of the leased premises.

The amount awarded as rent reduction must take into account the extent of the problem, but also the fact that it was limited to one part of the dwelling.

Even if the lessor’s representative is rough, cavalier, disrespectful, and rude with the lessees, particularly when he speaks to the lessee who is a woman, the lessees were not harassed within the meaning of art. 1902 C.C.Q.

Gautier c. Streicher (January 5, 2021)

The lessee sought :

• a rent reduction of 25% a month
• $1,000 in material damages
• $2,000 in moral damages

(monthly rent of $620)

The Tribunal awarded the lessee :

• $1,033, representing a 25% rent reduction for the period from September 11, 2019, to March 31, 2020
• $2,000 in moral damages

Bedbugs and cockroaches were present in the dwelling starting in December 2018.

When the lessee moved out in late March 2020, the problem had still not been solved.

Binette c. Freundlich (January 7, 2021)

The lessor sought :

• an order to allow access to the dwelling to carry out work

The Tribunal dismissed the lessor’s application because the lessees’ refusal to vacate the dwelling was fully justified.

The asbestos inside the ceilings does not compromise the preservation or enjoyment of the dwelling, or even the health of the occupants.

Therefore, the repairs the lessor wanted to carry out were not urgent.

The notice to lessees was given after the expiry of the time limit and its contents do not comply with the provisions of the law.

Ascofare c. Rozon (January 7, 2021)

The lessees sought :

• a rent reduction of 50% a month
• $7,500 in moral damages

(monthly rent of $912)

The Tribunal awarded the lessees :

• A rent reduction of 40% from September 2019 until January 2020, for a total amount of $1,824
• $7,000 in moral damages
• $933 for their moving expenses
• $7,596 in damages

Due to water infiltration from the roof into the dwelling, the leased premises were not in a good state of repair or in good habitable condition.

The Tribunal declared of its own motion that the dwelling was unfit for habitation on February 24, 2020.

A lessee is bound to inform the lessor of the problems noted in the leased property. However, that notice becomes unnecessary when the lessor is well aware of the problem.

Regardless of the reason for the absence of the lessor, who was outside the country, she had to mandate a representative during her extended absence to perform her obligations to her lessees.

The lessor, who wanted the lessees to leave so she could increase the rent, acted recklessly, without any regard for the consequences for the lessees, who had occupied the dwelling for 13 years.

Based on the case law on bad faith evictions, the Tribunal awarded the higher portion of rent that the lessees must pay for one year, which is $7,596.

Bensabat c. Chen (January 14, 2021)

The lessee seeks:

• 50% rent reduction
• $465 in damages
• $7,500 in moral damages
• $5,000 in punitive damages for harassment

The administrative judge awards the lessee:

• $570, representing a 40% rent reduction for the period between November 1, 2015, and January 31, 2016
• $1,500 in moral damages
• $2,000 in punitive damages

The lessee suffered an allergic rhinitis, with headaches and dizziness.

The lessee suffered a loss of actual, serious and substantial enjoyment of the premises.

As a result of this situation, the lessee had difficulty concentrating and trouble sleeping.

The lessor harassed the lessee for him to leave the dwelling.

Rajab c. Miron (February 20, 2019)

Lessees seek:

• $73,381 in rent reduction, material damages, moral damages and punitive damages

The administrative judge awards the lessees:

• $13,500 in rent reduction
• $10,000 in damages for cleaning the dwelling, trouble and inconvenience, stress, purchase of tissue and meals, travel and cleaning of furniture

Inaction on the part of the owner for about 13 ½ months.

Unbearable noises starting early in the morning.

High vibrations.

Dust.

Richard c. 9181-1430 Québec inc. (January 16, 2019)

Lessees seek:

• $1,802 in rent reduction, material damages and moral damages

The administrative judge awards the lessees:

• $423 for accomodation costs
• $175 for food
• $250 for transportation costs
• $100 in rent reduction
• $200 in moral damages

Dwelling uninhabitable due to thick dust in all the rooms.

Lessees are within their rights not to return to their accomodation.

Failure to comply with the obligations to maintain the dwelling in a good habitable condition and to restore it to a good state of cleanliness after the completion of repair work.

Seignon c. Dumais (January 16, 2019)

The lessee seeks a 20% rent reduction.

(monthly rent is $505)

The administrative judge awards the lessee:

• $870 in rent reduction, i.e. $30 per month

Lessee was deprived of free and safe access to her balcony and a part of her shed for 29 months.

St-Jacques c. Tran (December 18, 2018)

Lessees seek:

• resiliation of the lease
• $3,000 in material damages
• $1,000 in moral damages

The administrative judge declares the lease resiliated and awards the lessees:

• $340 for moving and travel expenses to find a new dwelling
• $50 for cleaning of the dwelling
• $800 for trouble and inconvenience suffered

The condition of the dwelling (presence of rats and mice) constituted a serious threat to the health and safety of the occupants of the dwelling.

The dwelling was unfit for habitation.

The abandonment of the dwelling was justified.

Mabrouki c. Assad (December 18, 2018)

The lessee seeks:

• 50% rent reduction per month
• $5,000 in moral damages

(subsidized monthly rent is $293)

The administrative judge awards the lessee:

• 3% rent reduction for the presence of cockroaches
• 10% rent reduction for noise from the neighbouring dwelling
• $500 in moral damages

The lessor must, within a reasonable time, take action to eliminate cockroaches in the building.

Calling an exterminator is not enough if the problem recurs systematically.

The lessor must then take more effective measures to solve the problem.

The lessor has not sent a formal notice to the lessees who are making noise, despite the lessee's numerous complaints.

Sugisaka c. Freundlich (November 21, 2018)

Lessors seek:

• $2,733 in damages, in legal fees and expenses

The administrative judge awards the lessors:

• $2,500, which is the deductible they had to pay to benefit from their insurance coverage

Lessees were negligent when installing their washing machine.

This is not superior force.

They are responsible for the water damage.

Benoit c. Deshaies (November 6, 2018)

The lessee seeks:

• 30% rent reduction per month
• $2,500 in moral damages
• that the lessor be ordered to exterminate cockroaches and perform certain work

(monthly rent is $241)

The administrative judge awards the lessee:

• 30% rent reduction
• $2,500 in moral damages

The lessor has requested the services of the exterminators on several occasions to eradicate the cockroaches infestation, without success.

The lessor did not take the necessary steps to ensure that all the other lessees in the dwelling comply with the guidelines for cleaning their dwelling, to yield maximum effect from an extermination treatment for the entire building.

The condition of the kitchen floor is the result of a lack of maintenance by the lessee.

Laroche c. SHDM (November 5, 2018)

The lessee seeks:

• that the lessor be ordered to repair or replace the heating system
• rent reduction
• $5,000 in moral damages

(monthly rent is $715)

The administrative judge awards the lessee:

• 1 ) For the heating problem
  • $1,200 in rent reduction
  • $2,000 in moral damages

   

• 2 ) For the removal of a parking space
  • $120 for this loss in rental value
  • $300 for trouble and inconvenience

The Règlement sur le logement of the Ville de Montréal requires the owner to have a permanent heating system that ensures a minimum temperature of 21 degrees Celsius.

On every cold winter days, the temperature of a dwelling may drop by a few degrees while the heating system struggles to maintain the required temperature. This situation must be of short duration and the temperature must not reach an unreasonable level.

Moudji c. Saviolakis* (November 2, 2018)

* Application for revocation of judgment dismissed

The lessor seeks:

• resiliation of the lease

The lease is resiliated.

The risk of fire or contamination is increased due to the crowded condition of the dwelling, which threatens the safety of the building's occupants.

The lessee disrupts the peaceful enjoyment of the premises by constantly playing her radio, day and night, at a very high volume.

Habitat Métis du Nord c. Béland (April 11, 2019)

The lessee seeks:

• the resiliation of the lease retroactively to March 1, 2018
• $3,200 in rent reduction for the period from July 1, 2017 to February 28, 2018 (i.e. $400 per month or 57% of the rent)
• $2,800 in rent reduction for the period from March 1, 2018 to June 30, 2018 (i.e. $700 per month or 100% of the rent)
• $10,000 in moral damages
• $6,124 in material damages
• $30,000 in punitive damages

(monthly rent is $700)

The lease is resiliated on March 1, 2018.

The Régie grants the lessee:

• $1,680 in rent reduction from July 2017 to February 2018 (representing 35% of the monthly rent)
• $1,120 in rent reduction from March to June 2018 (representing 40% of the monthly rent)
• $8,000 in moral damages
• $624 in material damages
• $8,000 in punitive damages

The lessor could not ignore the cockroach and bedbug problem in the building.

At the time the lease was signed, the lessor had an obligation to inform the lessees that there were cockroaches and bedbugs in the building.

The extent of the infestation and the lessor’s inaction in resolving that problem disqualify the habitability of the dwelling and cause the lessee serious prejudice.

The lessee is not entitled to the full amount of the rent, since the lessee lived in the dwelling and the dwelling was not declared unfit for habitation.

The intentional and malicious behaviour on the part of the lessor’s employees (formal notice sent to the lessee by mistake, heating failure, disrespectful behaviour) justifies the awarding of punitive damages.

The amount of punitive damages awarded must reflect the financial capacity of the person who commits the prejudice, to avoid sending the message that one can violate another person’s fundamental rights with little consequence.

Lumande c. Raamco International Properties Canadian Ltd. (June 25, 2019)

The lessees seek:

• the resiliation of the lease
• $10,060 in rent reduction (50% from April to December 2015)
• $10,000 in moral damages
• $28,201 in material damages
• $804 in expert fees
• $258 for attendance before the tribunal

(monthly rent is $2,500)

The lessors seek:

• $7,500 in lost rent (3 months)
• $16,500 in material damages

The lease is resiliated.

The Régie grants the lessees:

• $10,060 in rent reduction
• $8,000 in moral damages
• $1,171 in material damages

The lessors’ application is dismissed.

To establish that a dwelling is unfit for habitation, the evidence of contamination must be based on objective criteria; the contamination and its extent must be identified.

An inspection of the house revealed the presence of highly toxic mould.

Vacating the premises was justified.

The symptoms experienced by the occupants (nose and throat irritation, sinusitis, loss of voice, coughing and mucus buildup, etc.) are directly related to the condition of the dwelling.

The evidence shows a significant and substantial loss of enjoyment of the premises for the lessees (water infiltrations in the basement, hole in the living room ceiling, condition of the patio wooden boards, unusable swimming pool, cluttered storage spaces).

Lemay c. Fernie (June 19, 2018)

The lessees seek:

• the specific performance of the lessors’ obligations
• a 50% rent reduction as of March 2017
• $2,000 in moral damages

(monthly rent is $765)

The Régie grants:

• $2,100 in rent reduction
• $1,500 in moral damages

Genuine, serious, significant and substantial loss of enjoyment.

The lessor showed little concern for the problems experienced by the lessees and did not follow the recommendations of the exterminator.

Bouzidi c. 9291-5370 Québec inc. (June 19, 2018)

The lessee applies for moral and material damages in the amount of $84,999.99.

The Régie awards the lessee:

• $1,000 for the medical expert evidence
• $2,000 for moral damages
• $350 for material damages

for a total of $3,350, i.e. $1,675 after apportioning liability between the parties.

Lessors must deliver a dwelling in a good state of repair and habitable condition, provide the lessee with the peaceful enjoyment of this dwelling and carry out maintenance repairs.

The lessors failed to install a hand rail on the stairs.

At the time of the accident, the lessee was barefoot and answered the door quickly.

Having moved into the dwelling only the day before, the lessee should have acted in a prudent and diligent manner, which she did not do.

Liability for the accident is shared equally between the lessors and the lessee.

The Régie must assess the direct and immediate nature of the damage in question.

Moses c. Chagnon (June 11, 2019)

The lessees apply for:

• resiliation of the lease
• $6,262 in moral and material damages

The lessor applies for:

• resiliation of the lease
• $750 in recovery of unpaid rent (month of August)
• $3,750 in damages and re-rental indemnity (representing 5 months’ rent)

(monthly rent is $750)

The Régie awards the lessor:

• $2,250, which represents 3 months’ rent

The lease is resiliated due to the fault of the lessees, because they left the dwelling unlawfully.

The concept of “serious danger to the health or safety” (art. 1913 C.C.Q.) is not assessed according to each person’s particular sensitivity, whether physically or psychologically.

The standard is whether, objectively, an ordinary person can live in the conditions like those described at the hearing.

To establish that a dwelling is unfit for habitation, the lessees must prove that:

1. the problems are related to the thing rented or in the building in general
2. they complained to the lessor
3. the lessor failed to perform his obligations
4. their departure was justified because the dwelling was unfit for habitation and, if the occupants’ health is in danger, medical proof is required
5. a causal connection between the condition of the dwelling and the damages claimed

The presence of bedbugs, even in large quantity (which is not the case here), does not make the dwelling unfit for habitation.

The lessor was diligent in managing the crisis and took all the necessary steps to contain the proliferation of the insect.

The resiliation of the lease due to the fault of a lessee does not terminate the obligation to pay the agreed rent for the entire term of the lease.

The lessor must establish that he took steps to rent the dwelling again to reduce his damages.

Chabot-Fournier c. Gagné (April 25, 2019)

The lessees apply for:

• authorization to deposit the rent at the Régie
• a monthly rent reduction of $600 as of July 1, 2018
• $800 each in damages for trouble and inconvenience, for a total of $2,400
• reimbursement of the security deposit of $1,250
• resiliation of the lease

(monthly rent is $1,250)

The Régie awards the lessees:

• a rent reduction of $150 as of March 1, 2019 (date of the formal notice), for a total of $750
• $500 each in damages for trouble and inconvenience, for a total of $2,000
• $1,250 for the reimbursement of the security deposit

The lease is resiliated due to the lessor’s fault.

The lessees suffered a real, serious and substantial loss of use of the premises due to the presence of mice and rats in their dwelling soon after they moved in.

The presence of mice and rats in the dwelling has persisted for ten months and only three extermination operations have been carried out.

The lessees suffer serious prejudice.

Article 1904 C.C.Q. prohibits a lessor from claiming any deposit whatsoever, except the rent for the first month of the lease.

Lahlou c. Drouin (July 26, 2019)

The lessees apply for:

• a 30% reduction in the monthly rent
• $1,500 for moral damages
• $900 for material damage (heating costs)
• resiliation of the lease as of March 31, 2017
• $1,350 for reimbursement of the rent paid for April 2017

The lessor applies for:

• $2,700 in rent recovery (May and June 2017)

(monthly rent is $1,350)

The Régie awards the lessees:

• $2,430, i.e., a 30% rent reduction from November 2016 to April 2017

In view of the notice of abandonment of the dwelling given to the lessor, the lease is resiliated as of May 1, 2017.

Construction began in October 2016 and was not yet complete when the lessees vacated the dwelling on April 30, 2017.

Work started early in the morning and continued until 8:00 p.m. during the week and until 6:00 p.m. on the weekend.

Major work reduced the lessees’ peaceful enjoyment of the premises throughout the entire period.

Lefoulon c. Blagojevic (July 11, 2019)

The lessee appeals the decision of the Régie du logement granting in part her application for rent reduction.

The appeal is dismissed.

An appeal against a decision should not seek to obtain a second opinion on the assessment of the evidence made by the tribunal of first instance.

The tribunal of first instance rendered a reasonable decision in concluding that the fact that the lessee had to run the tap water for approximately five minutes before the water ran clear every time she used it did not result in any actual, serious, significant or substantial loss of enjoyment of the leased premises.

The reports filed by the City of Montreal confirm that the water meets the standards of the Regulation respecting the quality of drinking water and that it is safe for consumption.

Ming c. Cromwell* (June 11, 2019)

* Application for leave to appeal dismissed and Application for judicial review

The lessor applies for the resiliation of the lease.

The lease is resiliated.

The lessee has the obligation to maintain his dwelling in clean condition and not to breach statutory requirements for the safety and sanitation of the leased premises.

The lessee also has the obligation to use the dwelling with prudence and diligence.

The lessee’s room is dirty (presence of excrement) and cluttered.

The lessee no longer has sufficient autonomy to apply the most basic care and hygiene to himself and his dwelling.

Due to his poor hygiene, the lessee compromises the quality of life of the other lessees and occupants of the building who have to share common areas with him.

Résidence Les Jardins Gordon c. R.C. (August 6, 2019)

The lessees apply for:

• resiliation of the lease
• rent reduction of $2,050
• damages
• moral damages of $5,000, i.e. $2,500 to each of them

(monthly rent is $625)

The Régie awards the lessees:

• $1,500 in rent reduction
• $1,347 for the difference between the rent for their new dwelling and the rent charged for the dwelling in question
• $1,141 for their moving expenses
• $313 in damages
• $1,500 to each of them in moral damages

The lease is resiliated retroactively due to the lessor’s failures.

The lessees informed the lessor of their concerns about the impact of the air quality in the dwelling on their health issues. The lessor needed to act, which he has not done.

An air quality report found fungal contamination and medical reports link it to the state of the lessees’ health.

The lessees suffered a reduction in the enjoyment of their dwelling due to the water damage and fungal contamination.

As the dwelling was unfit for habitation, they were able to leave the premises.

Martin c. Lavoie (December 19, 2019)

The lessees apply for:

• 30% rent reduction, for a total of $2,025
• $350 in material damages
• $6,500 in moral damages

(the monthly rent was $1,100 from July 1, 2016, to June 30, 2017, and $1,125 the following year)

The Régie awards the lessees:

• $2,025 in rent reduction
• $1,500 in moral damages

The water heater of the lessees’ neighbour broke, causing water to infiltrate their dwelling.

Given that the water heater had exceeded its useful life, this incident was foreseeable.

From June to mid-October 2018, the lessees lived in a dwelling with open ceilings in the kitchen and hallway, with paint flaking in places to the point where plasterboard was falling to the floor.

Repair work began more than four months after the incident occurred, which is an unreasonable delay.

Klitbo c. Aubé (January 21, 2020)

The lessee applies for:

• monthly rent reduction of $200
• damages
• moral damages ($5,000)
• punitive damage ($3,500)

(monthly rent is $580)

The Régie awards the lessee:

• 10% rent reduction retroactive to October 13, 2018 (i.e. $812), and in effect until the kitchen sink is repaired
• $2,000 in moral damages
• $1,500 in punitive damages

The lessor is also ordered to take all necessary steps to ensure that the drain in the lessee’s kitchen sink functions properly and that foul odours stop coming out of it.

Finally, the lessor must cease harassing the lessee.

The sink in the lessee’s kitchen has been clogged for a long time, releasing foul odours into the room.

The lessor did not explain his inaction.

He does everything in his power to ensure that the lessee cannot peacefully enjoy the dwelling and that he leaves it prematurely.

The lessor has repeatedly harassed the lessee.

Chaib c. Del Duca (January 21, 2020)

The Tribunal must rule on:

• the lessee’s temporary vacation so that major work can be carried out in his dwelling

The Tribunal declares the lessee’s temporary vacation necessary and sets the following conditions for the execution of the work:

• the lessee is entitled to $600 a month, in addition to the $990 rent currently being paid, to allow him to temporarily relocate to the same neighbourhood (for 12 months)
• the lessor must pay his moving expenses, both to and from the premises, up to a maximum amount of $1,500 plus tax each time.
• the lessor must also, where applicable, reimburse the lessee for reasonable storage charges for unnecessary property in the context of his vacation as well as installation or transfer fees for various basic services upon his move and his return

Lessors who want to undertake major improvements or repairs, other than urgent repairs, must notify the lessee and, if a vacation is required, an indemnity must be offered.

The lessor must show that the work and the conditions under which it will be carried out are reasonable, in particular that the lessee’s vacancy is necessary.

Here, the work planned by the lessor to modernize the immovable, which has not undergone any substantial renovation for nearly 70 years, complies with the law, such that the lessee’s vacation is justified for a period of 12 months.

Sherwood Crescent c. Aaron (August 20, 2020)

The lessor is appealing a decision of the Tribunal administratif du logement granting in part an application for rent reduction ($3,240) and a claim for moral damages ($5,000).

The Tribunal could not award the lessee moral damages.

The construction work required the demolition and repair of the concrete floors in the immovable’s inside parking, which caused a considerable amount of noise.

Given that the lessor was in default by operation of law, it was not necessary for the lessee to send a formal notice.

The beginning of the compensation period for loss of enjoyment of the leased premises caused by the noise therefore started on the date the construction work began.

In the absence of evidence that the lessor unduly delayed the project or contravened a construction standard to which it was subject, there can be no award of moral damages in favour of the lessee since there was no fault.

FPI Boardwalk Québec inc. c. Isik (August 4, 2020)

The lessee applies for:

• an order forcing the lessor to restore the air conditioning service
• a monthly rent reduction of $55
• $2,000 in punitive damages
• $413 in damages

(monthly rent is $580)

The Tribunal awards the lessee:

• a monthly rent reduction of $55 retroactive to June 1, 2020, until the air conditioning service is restored
• $413 to purchase an air conditioning unit
• $1,500 in punitive damages

Since the lessee refused to agree to a rent increase, the lessor switched the heat pump off during the evening of June 8, 2020.

The lessor’s abuse was serious; he used his rights maliciously and excessively for the sole purpose of harming the lessee.

This behaviour had negative effects on the life of the 78-year-old lessee, who was moreover forced to stay home due to the risks associated with COVID-19.

Laurent c. Rousseau (September 24, 2020)

The lessee applies for:

• authorization to return to her dwelling
• $737 in damages
• $4,000 in moral damages
• $5,000 in punitive damages

The Tribunal awards the lessee:

• $4,000 in moral damages
• $650 in damages
• $4,000 in punitive damages

Due to a major fire that broke out in the immovable in July 2019, the lessee’s dwelling became uninhabitable.

The evidence shows that the lessee did not leave the premises after unilaterally deciding that the dwelling had become unfit for habitation, but rather because the governing authority, in this case the Ville de Saint-Jérôme, declared it to be unfit for habitation. A notice of abandonment was therefore not necessary.

The lessee, who had always believed that she would return to her dwelling when the renovations were completed, was informed in June 2020 that the dwelling had been leased to a third party.

The lessor infringed on the lessee’s peaceful enjoyment by unjustly depriving her of her dwelling. This infringement was not only unlawful, but also intentional, since the lessor could not ignore the fact that her actions would produce prejudicial and draconian consequences for the lessee.

Gosselin c. Therrien (October 27, 2020)

The lessor applies for:

• resiliation of the lease

The lessee applies for:

• specific performance of the lessor’s obligations

The Tribunal resiliates the lease.

An owner-lessor is free to do work in his or her immovable pursuant to his or her ownership and management rights.

Barring exceptions, a lessee may not interfere with the choices made by the owner-lessor regarding the appropriateness or nature of the work, or the way in which it is carried out.

If the work is urgent, the lessee must allow it to be done and no notice is required for his or her temporary evacuation.

The work to be carried out in the lessee’s bathroom was urgent. Through his inappropriate conduct, the lessee breached his obligation to act in good faith, which caused serious harm to the lessor.

Desriveaux c. Beaudoin (February 1, 2021)

The lessee applies for:

• specific performance of the lessor’s obligations
• her relocation while the work is performed
• a monthly rent reduction of $1,245 (100%)
• material damages

(monthly rent is $1,245)

The Tribunal awards the lessee:

• a monthly rent reduction of $435 (35%) until the corrective work is finished
• $600 for her surplus electricity costs
• $400 for the premature wear and tear of her refrigerator
• an enforcement order requiring that the necessary work be carried out within 60 days of the judgment

The lessee has suffered a significant loss of enjoyment of her dwelling, which justifies a rent reduction until the work is completed.

Compensation is justified by surplus electricity costs and the premature wear and tear of her refrigerator.

Boisvert-Lessard c. Haddad (February 15, 2021)

The lessee applies for:

• $2,194 in material damages
• $2,000 in damages

The Tribunal awards the lessee:

• $2,000 in damages for stress, trouble and inconvenience suffered
• $1,446 for urgent and necessary plumbing work he paid for to ensure his enjoyment of the leased property
• $500 for his moving expenses

The lessor failed in her obligation to provide the lessee with the peaceful enjoyment of the leased premises due to a recurrent running water supply problem in her dwelling.

The lessee was justified in leaving the dwelling before the end of the lease because it had become unfit for habitation.

Jobin c. Bugain (April 15, 2021)

The lessor applies for:

• $10,210 in recovery of rent
• $2,000 in relocation indemnity
• $149 in damages

The lessee applies for:

• resiliation of the lease
• a rent reduction of $300 a month
• $6,000 in moral damages

(monthly rent is $700)

The Tribunal resiliates the lease due to the lessor’s fault and grants the lessee:

• an overall rent reduction of $2,300
• $4,500 in moral damages

It is inconceivable that a lessee be deprived of the use of a bathroom for one month. This justifies the resiliation of the lease.

The poor condition of the windows and the presence of mould in the kitchen, for two and a half years, justify a reduction of $2,000 in the overall cost of the rent. As for the loss of enjoyment of the leased premises, due to the lack of use of the bathroom, the lessee is entitled to $300.

Due to the lessee’s failures, the lessee and her two children had to put up with unacceptable sanitary conditions in the dwelling. The lessee also took leave from work and suffered the inconvenience of finding a new dwelling. She is therefore entitled to $4,000 for the moral prejudice suffered.

The lessee is also entitled to $500 in moral damages for the poor condition of the windows and the presence of mould in the kitchen.

Coopérative d'habitation Walkley c. Kameni (April 13, 2021)

The lessee applies for:

• a rent reduction ($100 a month)
• $1,238 in material damages
• $1,000 in moral damages

(monthly rent is $950)

The Tribunal awards the lessee:

• a rent reduction of $100 a month, for a total of $1,200
• $300 in moral damages

The dwelling was under construction when the lease was signed.

It was not until she took possession of the leased premises that the lessee noted that she could not park her vehicle in the immovable’s indoor garage due to the configuration of the premises.

This situation justifies granting a rent reduction and awarding moral damages, but not the resiliation of the lease. Therefore, the lessee cannot be indemnified for her moving expenses.

Desroches c. Evoludev Immobilier inc. (May 5, 2021)

The lessee applied for:

• $3,574 in material damages
• $3,000 in moral damages

The Tribunal awarded the lessee:

• $3,149 in material damages
• $2,000 in moral damages

The lessee and her family were exposed to volatile organic compounds in their dwelling after the floors in some of the building’s apartments were varnished. The concentration of these compounds exceeded the limits recommended by Health Canada and could potentially harm the occupants’ health, thereby rendering the premises unfit for habitation.

The lessee and her spouse experienced headaches, dizziness, and considerable fatigue. Their baby had respiratory problems, which caused the family to move out.

In addition to the material damage caused by this situation, i.e., the cost of moving, the unreimbursed cost of lodging, and the cost of charcoal filters recommended to improve air quality, the lessee is entitled to moral damages.

Sobsey c. Minto Apartment* (November 17, 2021)

*Application for revocation of a decision dismissed (T.A.L. 2022-03-16).

The lessee applies for:

• resiliation of a clause of the lease
• a rent reduction
• an order directing the lessor to establish a pest control protocol
• $1,564 in material damages
• $2,000 in moral damages
• $2,000 in punitive damages

(monthly rent is $1,790)

The Tribunal:

• invalidates the clause of the lease
• awards the lessee a 15% rent reduction for May to September 2021, and $1,000 in moral damages

An exterminator visited 6 days after a report of bedbugs in the dwelling. A few treatments were then carried out, but the problem was not definitively resolved until a heat treatment was carried out 4 months later. The lessor’s delay in acting efficiently constitutes a form of negligence for which a reduction in rent is awarded to the lessee.

The clause in the lease requiring the lessee to bear the costs if bed bugs are discovered within 6 months of moving in is without effect, as it derogates from the public order provisions applicable to residential tenancy.

The Tribunal cannot issue a specific performance order to force the lessor to establish a pest control protocol, as the lessor has no contractual obligation in this regard.

Royer c. Groupe immobilier Eddy Savoie inc. (May 2, 2022)

The lessee applies for:

• an order directing the lessor to carry out the work
• a 30% rent reduction
• $10,290 in material damages
• $2,000 in moral damages
• $5,000 in punitive damages

(monthly rent is $1,050)

The Tribunal awards the lessee:

• $1,900 in rent reduction
• $2,000 in material damages
• $2,000 in moral damages
• $5,000 in punitive damages

The ambient temperature in the dwelling during winter was unreasonably cold and uncomfortable, even though the lessee turned up the heat at her own expense.

The lessee suffered tangible discomfort and loss of use of her dwelling. She is entitled to a rent reduction and reimbursement of excess electricity costs.

She is also entitled to moral damages because of the stress and anxiety she suffered as a result of the lessor’s various behaviours, messages, and wrongdoing towards her over a period of several years. She is also entitled to punitive damages, having been harassed by the lessor.

Malolepszy c. Jeannot Gestion inc. (May 16, 2022)

The lessee applies for:

• the homologation of a transaction on the temporary evacuation of premises while major work is carried out
• an order the lessor to perform the work
• authorization to deposit rent with the office of the Tribunal
• $8,720 in material damages
• $10,000 in moral damages
• $30,000 in punitive damages

The Tribunal:

• acknowledges the transaction and orders the lessor to:
  • carry out the repairs to make the dwelling suitable for living within 45 days
  • allow the lessee to return to her dwelling within the same time period
  • pay the cost of temporary accommodation until the lessee can return to her dwelling
• awards the lessee:
  • $492 in material damages (moving costs)
  • $3,648 in material damages (additional storage fees)
  • $5,000 in moral damages
  • $15,000 in punitive damages
• Dismisses the application to deposit the rent

The lessor committed a fault by failing to respect, without a valid reason, the schedule for work agreed to with the lessee. It is condemned to pay $5,000 in moral damages to the lessee, who suffered from not being able to live in her dwelling for such a long time.

The lessor committed a serious fault by using the lessee's temporary evacuation to attempt to permanently evict her from the dwelling, which is akin to the practice known as "renoviction".

It is condemned to pay $15,000 in punitive damages to the lessee for harassing her to make her abandon her dwelling.

St-Laurent c. Société en commandite 2083-2085/2101-2117 St-Timothée (December 1, 2022)

The lessees apply for:

• resiliation of the lease

The lease is resiliated.

The lessees are university students who live out of province. They leased a dwelling near the university from May 1, 2022, to April 30, 2023. They seek the resiliation of the lease, deeming that the dwelling is unfit for habitation.

Because it is a dwelling for students, the lessors argue that the former lessees were responsible for returning the premises in good condition. They invoke the [TRANSLATION] "tradition" that students [TRANSLATION] "pass on" the dwellings to others, leaving furniture there.

The lessors did not respect the obligation to deliver the dwelling in a good condition of habitability, cleanliness, sanitation, and repair. The fact that the university term begins in August does not allow them to wait for that moment to restore the dwelling to good condition.

The lessees' obligation to return the premises in good condition when they leave does not modify the lessors' obligations. Furthermore, the type of clientele to which the dwelling is destined does not vary the intensity of their obligations.

Linnell c. Rebelo (December 5, 2022)