Summaries of decisions

Conditions of the lease

The Tribunal makes summaries of decisions on various topics available to you.

That tool could be useful to prepare your application or as part of a conciliation session. For example, it could help you estimate the amount of damages to which you are entitled or the nature of the orders likely to be issued by the Tribunal.

Warning

The following examples of judgements are provided for information purposes only.

Several factors can influence an administrative judge’s decision. For example, a clause provided for in the lease, the relevance and quality of the evidence provided, etc. In summary, each case is different and each decision depends on the evidence submitted to the Tribunal.

Issue

The lessee claims that the lessor failed to inform her that she had to pay a portion of the electricity costs for the common areas.

Summary of the application

The lessee seeks:

  • resiliation of the lease
  • $383 for material damages
  • $2,680 representing the rent paid for September to December 2018

(monthly rent is $670)

Outcome

The Régie:

  • dismisses the lessee’s application because her consent was not vitiated by fraud on the part of the lessor at the time of signing the lease
Reasons

The lessee was fully informed of the electricity costs paid by the previous lessees.

The lessor informed her of the factors that could have an effect on the overconsumption of energy.

The information sent at that time was relevant and decisive.

The lessee’s lifestyle is partly responsible for the costs incurred; she left the windows open during the cold season to air out the dwelling.

Full judgment

Blanchard c. Poirier (July 11, 2019)

 

Issue

Building by-law

Requirement to hold a liability insurance policy

Summary of the application

The lessor requests that the lessee perform his obligation to take out liability insurance.

Outcome

The lessee must take out a liability insurance policy and provide the lessor with proof of this insurance.

Reasons

The clause of the by-law requiring the lessor to hold liability insurance cannot be declared illegal.

The lessee had a duty, when he signed the agreement requiring him to take out an insurance policy, to do research in order to make an informed decision to enter into a lease.

The lessee was not misled or deceived by the lessor at the time of entering into the lease.

Full judgment

9355-9706 Québec inc. c. Kwart Owusu (December 17, 2019)

 

Issue

Payment of rent

Electronic Funds Transfer

Bank transfer

Summary of the application

The lessor applies for:

  • resiliation of the lease
  • recovery of rent
Outcome

The lease is resiliated and the Tribunal awards the lessor:

  • $16,000 in unpaid rent
Reasons

The Bills of Exchange Act does not apply to electronic transfers. Instead, reference should be made to the general rules of evidence set out in the Civil Code of Québec regarding payments, in particular article 1564 C.C.Q.

The lessee has the burden of establishing the payment of rent.

The lessee has not provided any evidence confirming that the lessor accepted his bank transfers. Therefore, the validity of his electronic payment has not been established.

Full judgment

Lee c. Choko (August 19, 2020)

 

Issue

Residence for the elderly

Services offered

Modification of lease

Summary of the application

The lessees apply for:

  • rent reduction
  • for an order forcing the lessor to provide the professional services of registered nurses at all times

(the monthly cost of services offered to the lessees is $813)

Outcome

The Tribunal:

  • orders the lessor to provide the professional services of registered nurses to the lessees at all times until the lease is modified to lawfully remove this service in accordance with legislative provisions
  • condemns the lessor to pay $2,800 in rent reduction
  • grants a monthly rent reduction of $300 as of February 1, 2020, and for future rent payments, until nursing services are provided to the lessees
Reasons

The notice of modification of the lease does not specify that nursing care will no longer be provided by registered nurses.

The annual meeting of lessees cannot constitute a notice of modification of the lease.

The lease was therefore renewed with the same services as those set out in the previous lease.

Full judgment

Patoine c. Domaine Parc des braves* (September 3, 2020)

* Discontinuance of application for leave to appeal (C.Q., 2020-09-03) 200-80-009811-207.

 

Issue

Services offered

Resident caretaker

Necessary repairs

Summary of the application

The lessees apply for:

  • 50% rent reduction as of August 1, 2015, due to the state of the windows and the balcony door
  • an additional 10% reduction as of February 15, 2017, for the loss of caretaker services
Outcome

The Tribunal awards the lessees:

  • 10% rent reduction as of August 1, 2015, until the lessor replaces the windows and patio door of their dwelling
  • 3% rent reduction as of February 15, 2017, until the services of a resident caretaker are re-established in the immovable
Reasons

A formal notice is not necessary when it is obvious that the lessor is fully aware of the lessees’ grievances.

The malfunctioning of all the windows in the dwelling leads to an actual loss in the rental value and full enjoyment of the leased premises.

Since the departure of the resident caretaker from the immovable, the quality of caretaker services has decreased.

To restore the balance between the parties’ prestations where there is a substantial decrease in service and not loss of service, the Tribunal grants a rent reduction.

Full judgment

Dumont c. Gestion Forest Hill inc. (April 3, 2020)

Application for leave to appeal dismissed (September 10, 2020)

 

Issue

Payment of rent

Solidarity clause

Guarantors

Summary of the application

The lessors claim:

  • Recovery of rent
  • $1,965 representing three months’ re-rental indemnity
  • $407 in damages

(monthly rent is $655)

Outcome

The Tribunal awards the lessors:

  • $2,046 in unpaid rent and for re-rental expenses

The Tribunal dismisses the application against the guarantors.

Reasons

The by-laws of the immovable must contain rules for the enjoyment, use, and maintenance of the dwellings and of the common premises.

The solidarity clause included in the by-laws of the immovable, which is incorporated into the lease, cannot be considered as being expressly stipulated within the meaning of article 1525 of the Civil Code of Québec since the lessees did not affix their initials next to it.

The initial lease does not state that the guarantors agreed to a term that extends beyond the initial lease (art. 1881 C.C.Q.). Consequently, the guarantors cannot be held liable for amounts claimed by the lessor.

Full judgment

Laurendeau c. Chevrillier (October 13, 2020)

 

Issue

Entering into the lease

Defect of consent

Misrepresentation

Summary of the application

The lessees apply for:

  • resiliation of the lease
  • reimbursement of rent for July and August 2019
  • $1,000 in damages
  • $3,500 in moral damages

(monthly rent is $1,500)

Outcome

The lease is resiliated and the Tribunal awards the lessees:

  • $1,000 in rent reduction
  • $100 in damages due to the uncleanliness of the dwelling upon its delivery
  • $816 for their moving expenses
  • $500 in moral damages
Reasons

The lessor did not respect its obligation to deliver the dwelling in a clean condition.

The lessor knew or should have known that there were rodents in the leased house. There is no other explanation for the high presence of excrement when the lessees took possession of the premises.

The lessees’ consent at the signing of the lease was vitiated by the lessor’s failure to adequately inform them of the prior presence of rodents, even if he had no malicious intent.

Full judgment

Ordonez c. Taranjit Lubana (October 14, 2020)

 

Issue

Cable and Internet services

Summary of the application

The lessee sought :

  • an order that the new lessor respect the conditions of the lease and continue providing cable and Internet services.
Outcome

The Tribunal granted the lessee’s application.

Reasons

Even if there is no mention to that effect in the lease, the lessee clearly established that cable and Internet services were provided by the former lessor.

Full judgment

Provençal c. Imbert inc. (January 14, 2021)

 

Issue

Entering into lease

Defect of consent

Elderly person

Summary of the application

The succession of the lessee applies for:

  • annulment of the lease
Outcome

The Tribunal declares the lease annulled.

Reasons

When the lessee signed the lease, she had not yet been legally declared incapable. However, she had been diagnosed with Alzheimer’s disease and was already showing signs of incapacity. The lessor, a residence for elderly people, was aware of this situation.

Since the lessee was a unilingual francophone, she was not able fully understand the terms of her commitment because she was presented with a lease drafted in English only.

Article 290 C.C.Q. allows for the annulment of the lease.

Full judgment

Succession de Arseneau c. Nalawatee Christendat (Rise & Shine Residence) (March 3, 2021)

 

Issue

Payment of rent

Interac e-transfer

COVID-19

Summary of the application

The lessees applied for:

  • specific performance of the lessor’s obligations
  • moral damages ($2,500)
Outcome

The Tribunal:

  • ordered the lessor to accept rent payments by Interac e-transfer
  • awarded the lessees $300 in moral damages
Reasons

Under the heading [TRANSLATION] “Payment Method”, the lease binding the parties stated that the rent was payable by [TRANSLATION] “cheque”, [TRANSLATION] “cash”, or [TRANSLATION] “other”. The lessees started to pay their rent by Interac e-transfer when the COVID-19 pandemic began in March 2020 to comply with health directives. The lessor stopped accepting this payment method in July 2021.

The agreement between the parties changed the lease conditions so that the rent could be paid by Interac e-transfer. Without the lessees’ consent, the lessor could not end that agreement or require another payment method.

The lessees suffered stress and anxiety because of the dispute about the rent payment method. They are entitled to $300 for the moral prejudice suffered.

Full judgment

Deleuze c. Cimino (November 12, 2021)

 

Issue

Clause of lease

Rent

Electricity costs

Summary of the application

The lessee applies for:

  • $362 in recovery of rent

(monthly rent is $850)

Outcome

The Tribunal dismisses the lessee’s application.

Reasons

A clause in the lease provides that electricity costs are included in the rent and will be assumed by the lessor up to the amount of $200 a month ($2,400).

The clause is inoperative and without effect since it results in a variation of the rent during the term of the lease or provides for an adjustment of the rent according to the electricity used during the year, which contravenes arts. 1903, 1904, and 1906 of the Civil Code of Québec.

The rent must be determined in the lease and cannot depend on various factors. The lessor cannot demand reimbursement of electricity costs of over $2,400, because electricity must be considered to be entirely at the lessor’s expense.

Full judgment

Croteau c. Haché (March 14, 2022)

 

Issue

Seniors’ residence

Services offered

Modification of the lease

Jurisdiction

Summary of the application

The lessee, who is incapable and represented by a mandatary, applies for:

  • cancellation of the rent increase for services added to the lease
  • the reimbursement of certain services billed by the lessor for unnecessary care
  • $1,000 in moral damages
  • $1,000 in punitive damages

(monthly base rent is $1,031; monthly cost of services is $1,935, including extra services)

Outcome

The application is dismissed.

Reasons

The Tribunal's jurisdiction must be limited to reviewing compliance with the provisions applicable to seniors’ residences (SR) and not include determining whether a medical procedure carried out was appropriate, timely, or useful, or whether medical care should have been provided more frequently or not.

The SR was entitled to reassess the lessee's needs under the terms of the lease and its schedules. It did so in accordance with the standards of good faith and cooperation.

All amounts collected by the SR were in accordance with the contractual commitments made by the mandatary and the benefits received by the lessee.

Full judgment

P. P. c. Résidences l'Eau-vive inc. (April 21, 2022)

 

Issue

Modification of the lease

New lessor

Discount on rent (promotional clause)

Penalty clause

Summary of the application

The lessee applies for:

  • the cancellation of a rent agreement
Outcome

The Tribunal:

  • cancels the agreement
  • determines that the rent is $615 per month
Reasons

The lessee, who has lived in the dwelling for 22 years, accepted the increase proposed by the former lessor, bringing his rent to $615 per month as of July 1, 2022. The building was then sold to the lessor.

The parties signed a new lease indicating a monthly rent of $1,000, with a promotional clause reducing it to $615 per month for the period between July 1, 2022, and June 30, 2023, on the condition that the rent be paid on the first day of each month.

The agreement does not respect the public order provisions on residential leasing and is therefore not valid. It was entered into outside the legal lease renewal period, without giving the lessee time to reflect. Furthermore, it allows the lessor to vary or increase the rent during the term of the lease or at its end.

The free-rent clause is in fact a penalty clause awarding damages to the lessor without it ever having to prove them, in the event the rent is paid late.

Full judgment

Duquette c. 9464-2121 Québec inc. (September 29, 2022)

 

Issue

Changes to conditions of lease

Building by-law

Fixing of rent

Discount on rent

Summary of the application

The lessors apply for:

  • fixing of rent
  • changes to the lease to add the new immovable by-law

(monthly rent of $575)

Outcome

The monthly rent is fixed at $576.

Reasons

The $45 discount given to the lessee for the last five years for the use of a parking spot is now included in the rent. Removing this free benefit from the lessee will impose a double rent increase on her.

The lessors are authorized to modify the lease to add clauses from the by-law that are not contested by the lessee.

The following clauses are not authorized:

  • the clause enabling the lessors to choose the conditions allowing them to refuse to let a lessee install a device such as a coal stove on the immovable’s land is discretionary and abusive;
  • the clause prohibiting the hanging of any object that could be detrimental to the immovable’s appearance excessively restricts the permitted use of the dwelling, to the point of compromising the right to peaceful enjoyment of property;
  • the clause imposing limits, conditions, and restrictions on the use of the parking lot, going so far as to determine what type of vehicle is allowed there, excessively restricts the allowed use of an accessory to the lease, to the point of compromising the lessee's right to the peaceful enjoyment of the property.
Full judgment

Forest c. Contreras (October 5, 2022)

 

Issue

Fixing of rent

Preferential rent

New lease

Summary of the application

The lessee applies for:

  • fixing of rent

(monthly rent of $1,750, previous monthly rent of $1,200)

Outcome

The monthly rent is fixed at $1,208.

Reasons

Signing a lease agreement does not constitute a renunciation of the right to bring an action to fix the rent, even if clause G of the lease indicates the lowest rent paid in the 12 months preceding the term of the lease.

The previous lessee's rent, while lower than $550 per month, is not preferential rent within the meaning of the Regulation respecting the criteria for the fixing of rent.

The previous lessee is neither a relative of the lessor nor a person connected by marriage or a civil union, even if the lessor considers the lessee to be part of her family.

Offering support to a person by renting her a dwelling for preferential rent does not mean the lessor "supported" her within the meaning of s. 1 of the Regulation.

Full judgment

Chabbat c. Omari Tadlaoui (October 18, 2022)

 

Issue

Amendment of by-law of the immovable

Requirement to hold a liability insurance policy

Summary of the application

In an application to have the rent fixed, the lessor seeks:

  • the amendment of the by-law of the immovable to add certain clauses, including one obliging the lessee to hold a liability insurance policy
Outcome

The application to amend the by-law is dismissed.

Reasons

Permitting the lessor to add a clause to the by-law of the immovable creating a requirement for lessee insurance policies is tantamount to allowing a disguised rent increase, which is contrary to the law and the Regulation respecting the criteria for the fixing of rent.

Full judgment

Di Lillo c. Fekrache (October 19, 2022)

 

Issue

Parking space rental

Modification of the lease

Summary of the application

The lessee asks the Tribunal to recognize that the parking space she rents is part of the lease for her dwelling.

Outcome

The application is granted.

Reasons

The parties entered into a lease for a dwelling in July 2021, and a lease for a parking space in October of that year. The day she complained about mice and cockroaches in her dwelling, the lessee received a text message from the lessor informing her that she could no longer use the parking space.

The lessor could not unilaterally withdraw the use of the parking space from the lessee. The parking space has become an accessory to the lease, even though it is the subject of a distinct contract.

To withdraw use of the parking space, the lessor must use the lease modification mechanism set out in articles 1941 C.C.Q. et seq.

Full judgment

Gahlichi c. Gestion immobilière V3L (January 9, 2023)

Note to reader: The above examples of decisions were selected and summarized by SOQUIJ. In rare instances, they may have been appealed from before a higher court. If you wish to cite one of those judgments before a tribunal, it is recommended that you check the plumitif of the courthouse in question.

Continue searching

If need be, you can consult other decisions with regard to dwelling leases by using the search engine (in French only) available free of charge on the SOQUIJ website. For best results, simply select a tribunal (e.g. Tribunal administratif du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.