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

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. (14 janvier 2021)

 

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

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* (February 18, 2020)

 

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

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)

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.