Tribunal administratif du logement
Change language
Menu
You are here :
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.
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
Cable and Internet services
The lessee sought :
The Tribunal granted the lessee’s application.
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.
Provençal c. Imbert inc. (14 janvier 2021)
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.
The lessee seeks:
(monthly rent is $670)
The Régie:
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.
Blanchard c. Poirier (July 11, 2019)
Building by-law
Requirement to hold a liability insurance policy
The lessor requests that the lessee perform his obligation to take out liability insurance.
The lessee must take out a liability insurance policy and provide the lessor with proof of this insurance.
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.
9355-9706 Québec inc. c. Kwart Owusu (December 17, 2019)
Residence for the elderly
Services offered
Modification of lease
The lessees apply for:
(the monthly cost of services offered to the lessees is $813)
The Tribunal:
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.
Patoine c. Domaine Parc des braves* (February 18, 2020)
Resident caretaker
Necessary repairs
The Tribunal awards the lessees:
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.
Dumont c. Gestion Forest Hill inc. (April 3, 2020)
Application for leave to appeal dismissed (September 10, 2020)
Payment of rent
Solidarity clause
Guarantors
The lessors claim:
(monthly rent is $655)
The Tribunal awards the lessors:
The Tribunal dismisses the application against the guarantors.
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.
Laurendeau c. Chevrillier (October 13, 2020)
Entering into the lease
Defect of consent
Misrepresentation
(monthly rent is $1,500)
The lease is resiliated and the Tribunal awards the lessees:
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.
Ordonez c. Taranjit Lubana (October 14, 2020)
Electronic Funds Transfer
Bank transfer
The lessor applies for:
The lease is resiliated and the Tribunal awards the lessor:
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.
Lee c. Choko (August 19, 2020)
Entering into lease
Elderly person
The succession of the lessee applies for:
The Tribunal declares the lease annulled.
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.
Succession de Arseneau c. Nalawatee Christendat (Rise & Shine Residence) (March 3, 2021)
Interac e-transfer
COVID-19
The lessees applied for:
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.
Deleuze c. Cimino (November 12, 2021)
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.
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.